Christopher Payne v. Ryan Thornell, et al
| CHRISTOPHER MATHEW PAYNE |
| RYAN THORNELL, Director, Arizona Department of Corrections, Rehabilitation & Reentry, STEPHEN MORRIS, Warden, Arizona State Prison - Eyman Complex and JEFF VAN WINKLE, Warden, Arizona State Prison- Florence Complex |
| 23-15174 |
| February 8, 2023 |
| U.S. Court of Appeals, Ninth Circuit |
| Habeas Corpus: Death Penalty |
Docket Report
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| Filing 4 Filed order (Deputy Clerk: LCC) Appellants unopposed motion for voluntary dismissal of this appeal (Docket Entry No. [ # 3 ]) is granted. This appeal is dismissed. See Fed. R. App. P. 42(b). This order served on the district court shall act as and for the mandate of this court. [12655962] (JBS) [Entered: 02/17/2023 01:22 PM] |
| Filing 3 Filed (ECF) Appellant Christopher Mathew Payne Unopposed Motion to dismiss case voluntarily pursuant to FRAP 42(b). Date of service: 02/16/2023. [12654930] [23-15174] (Molever, Stan) [Entered: 02/16/2023 01:57 PM] |
| Filing 2 Filed clerk order (Deputy Clerk: LCC): A review of the record suggests that this court may lack jurisdiction over this appeal because the order challenged in the appeal may not be final or appealable. See 28 U.S.C. 1291. Further, to the extent the issues appellant seeks to raise in this appeal have been resolved by the district courts February 8, 2023 ruling on appellants motion for clarification, this appeal may be moot. Within 21 days after the date of this order, appellant shall either 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, appellees may file a response within 10 days after service of appellants memorandum. Any response to this order should also address, to the extent this court has jurisdiction over the appeal, whether a certificate of appealability is required. See 28 U.S.C. 2253(c); Fed. R. App. P. 22(b); Harbison v. Bell, 556 U.S. 180, 183 (2009) (holding that a certificate of appealability is not required where the challenged order does not dispose of the merits of a habeas corpus proceeding); Rose v. Guyer, 961 F.3d 1238, 1244-45 (9th Cir. 2020) (requiring a certificate of appealability to appeal an order pertaining to the district courts adjudication of the habeas petition (citations omitted)). If appellant does not comply with this order, the Clerk shall dismiss this appeal pursuant to Ninth Circuit Rule 42-1. Briefing is suspended pending further order of the court. [12654869] (JBS) [Entered: 02/16/2023 01:33 PM] |
| Filing 1 Open 9th Circuit docket. No COA order in district court. Record on appeal included: Yes. [12649095] (HH) [Entered: 02/08/2023 01:28 PM] |
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| Petitioner / appellant: CHRISTOPHER MATHEW PAYNE | |
| Represented By: | Maren Dale |
| Represented By: | Stan Siders Molever |
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| Respondent / appellee: RYAN THORNELL, Director, Arizona Department of Corrections, Rehabilitation & Reentry | |
| Represented By: | Laura Chiasson Esquire |
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| Respondent / appellee: STEPHEN MORRIS, Warden, Arizona State Prison - Eyman Complex | |
| Represented By: | Laura Chiasson Esquire |
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| Respondent / appellee: JEFF VAN WINKLE, Warden, Arizona State Prison- Florence Complex | |
| Represented By: | Laura Chiasson Esquire |
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