Michael Cook v. David Shinn, et al
| MICHAEL LYNN COOK |
| DAVID SHINN, Director and ATTORNEY GENERAL FOR THE STATE OF ARIZONA |
| 23-15185 |
| February 10, 2023 |
| U.S. Court of Appeals, Ninth Circuit |
| Habeas Corpus |
Docket Report
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| Filing 5 Added Attorney(s) Rebecca Ann Banes for party(s) Appellee Attorney General for the State of Arizona Appellee David Shinn, in case 23-15185. [12671558] (BJK) [Entered: 03/10/2023 12:20 PM] |
| Filing 4 Filed (ECF) notice of appearance of Rebecca A. Banes (Attorney General's Office, 2005 N. Central Ave, Phoenix, Arizona 85004) for Appellees Attorney General for the State of Arizona and David Shinn. Date of service: 03/10/2023. (Party was previously proceeding with counsel.) [12671201] [23-15185] (Banes, Rebecca) [Entered: 03/10/2023 08:42 AM] |
| Filing 3 Filed clerk order (Deputy Clerk: KB): On March 8, 2023, the district court denied the motion to amend. The stay of proceedings in this court (Docket Entry No. [ # 2 ]) is therefore lifted and this appeal will move forward. This court will rule on the request for a certificate of appealability and any pending motions in a later order. To challenge the district courts ruling on the post-judgment motion, appellant must file an amended notice of appeal within the time prescribed by Federal Rule of Appellate Procedure 4. See Fed. R. App. P. 4(a)(4). [12671089] (JMR) [Entered: 03/09/2023 04:52 PM] |
| Filing 2 Filed clerk order (Deputy Clerk: KMB): This appeal was filed while a timely Fed. R. App. P. 4(a)(4) motion was pending in the district court. The notice of appeal is therefore ineffective, see Fed. R. App. P. 4(a)(4), and proceedings in this court will be stayed until the district court decides the February 6, 2023, motion. See Leader Natl Ins. Co. v. Industrial Indemnity Ins. Co., 19 F.3d 444 (9th Cir. 1994). To challenge the decision on the post-judgment motion, appellant must file an amended notice of appeal within the time set by Federal Rule of Appellate Procedure 4. See Fed. R. App. P. 4(a)(4). A copy of this order will be sent to the district court. [12661486] (JMR) [Entered: 02/24/2023 04:21 PM] |
| Filing 1 Open 9th Circuit docket: needs certificate of appealability. Date COA denied in DC: 01/25/2023. Record on appeal included: Yes. [12650621] (JBS) [Entered: 02/10/2023 10:45 AM] |
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