Sergio Torres v. Acting Warden

Sergio Torres v. Acting Warden

Petitioner / Appellant:	SERGIO TORRES
Respondent / Appellee:	ACTING WARDEN
Case Number:	23-15172
Filed:	February 8, 2023
Court:	U.S. Court of Appeals, Ninth Circuit
Nature of Suit:	Habeas Corpus

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This docket was last retrieved on February 8, 2023. A more recent docket listing may be available from PACER.

Date Filed	Document Text
February 8, 2023	Filing 2 Filed clerk order (Deputy Clerk: JW): The district courts judgment was entered on the docket on December 13, 2022. Appellants motion for a certificate of appealability was delivered to prison officials on January 24, 2023, and received by the district court on February 6, 2023. The motion for a certificate of appealability was docketed in the district court as a notice of appeal from the December 13, 2022 judgment, resulting in the opening of this appeal No. 23-15172. A review of the record suggests that this court may lack jurisdiction over this appeal because the notice of appeal was not filed or delivered to prison officials within 30 days after entry of the district courts judgment on December 13, 2022. See 28 U.S.C. 2107(a); Fed. R. App. P. 4(a)(1)(A), 4(c); United States v. Sadler, 480 F.3d 932, 937 (9th Cir. 2007) (requirement of timely notice of appeal is jurisdictional); Houston v. Lack, 487 U.S. 266, 270 (1988) (notice of appeal deemed filed when it was delivered to prison authorities for forwarding to the court). The record does not reflect that appellant has filed a motion in the district court to extend or reopen the time for appeal. See Fed. R. App. P. 4(a)(5), (6), and 26(b)(1). Within 21 days after the date of this order, appellant must move for voluntary dismissal of the appeal, or show cause why it should not be dismissed for lack of jurisdiction. If appellant elects to show cause, a response may be filed within 10 days after service of the memorandum. If appellant does not comply with this order, the Clerk will dismiss this appeal pursuant to Ninth Circuit Rule 42-1. A briefing schedule will not be set until disposition of this order to show cause, and until the district court and, if necessary, this court determine whether a certificate of appealability should issue. [12649425] (CKP) [Entered: 02/08/2023 04:46 PM]
February 8, 2023	Filing 1 Open 9th Circuit docket. No COA order in district court. Record on appeal included: Yes. [12648855] (JMR) [Entered: 02/08/2023 10:54 AM]

Date Filed

Document Text

February 8, 2023

Filing 2 Filed clerk order (Deputy Clerk: JW): The district courts judgment was entered on the docket on December 13, 2022. Appellants motion for a certificate of appealability was delivered to prison officials on January 24, 2023, and received by the district court on February 6, 2023. The motion for a certificate of appealability was docketed in the district court as a notice of appeal from the December 13, 2022 judgment, resulting in the opening of this appeal No. 23-15172. A review of the record suggests that this court may lack jurisdiction over this appeal because the notice of appeal was not filed or delivered to prison officials within 30 days after entry of the district courts judgment on December 13, 2022. See 28 U.S.C. 2107(a); Fed. R. App. P. 4(a)(1)(A), 4(c); United States v. Sadler, 480 F.3d 932, 937 (9th Cir. 2007) (requirement of timely notice of appeal is jurisdictional); Houston v. Lack, 487 U.S. 266, 270 (1988) (notice of appeal deemed filed when it was delivered to prison authorities for forwarding to the court). The record does not reflect that appellant has filed a motion in the district court to extend or reopen the time for appeal. See Fed. R. App. P. 4(a)(5), (6), and 26(b)(1). Within 21 days after the date of this order, appellant must move for voluntary dismissal of the appeal, or show cause why it should not be dismissed for lack of jurisdiction. If appellant elects to show cause, a response may be filed within 10 days after service of the memorandum. If appellant does not comply with this order, the Clerk will dismiss this appeal pursuant to Ninth Circuit Rule 42-1. A briefing schedule will not be set until disposition of this order to show cause, and until the district court and, if necessary, this court determine whether a certificate of appealability should issue. [12649425] (CKP) [Entered: 02/08/2023 04:46 PM]

February 8, 2023

Filing 1 Open 9th Circuit docket. No COA order in district court. Record on appeal included: Yes. [12648855] (JMR) [Entered: 02/08/2023 10:54 AM]

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Petitioner / appellant: SERGIO TORRES
Represented By:	Sergio Torres
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Respondent / appellee: ACTING WARDEN
Represented By:	David Andrew Eldridge
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