Spencer Scarber v. Ken Clark
| SPENCER ALEC SCARBER |
| KEN CLARK, Warden |
| 23-15204 |
| February 14, 2023 |
| U.S. Court of Appeals, Ninth Circuit |
| Habeas Corpus |
Docket Report
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| Document Text |
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| Filing 3 Filed (ECF) Appellant Spencer Alec Scarber response to order to show cause dated 02/14/2023. Date of service: 03/06/2023. [12667867] [23-15204] (Milner, Timothy) [Entered: 03/06/2023 12:36 PM] |
| Filing 2 Filed clerk order (Deputy Clerk: KMB): The record suggests that this court may lack jurisdiction over this request for a certificate of appealability because the notice of appeal was not filed within 30 days after entry of the district courts judgment on January 11, 2023. See 28 U.S.C. 2107(a); Fed. R. App. P. 4(a)(1)(A). 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 this order, appellant must move for voluntary dismissal of this request for a certificate of appealability 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 appellants memorandum. If appellant does not comply with this order, the Clerk may dismiss this request for a certificate of appealability pursuant to Ninth Circuit Rule 42-1. [12653126] (AF) [Entered: 02/14/2023 03:18 PM] |
| Filing 1 Open 9th Circuit docket: needs certificate of appealability. Date COA denied in DC: 01/11/2023. Record on appeal included: Yes. [12652823] (JBS) [Entered: 02/14/2023 12:31 PM] |
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| Petitioner / appellant: SPENCER ALEC SCARBER | |
| Represented By: | Timothy V. Milner |
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| Respondent / appellee: KEN CLARK, Warden | |
| Represented By: | Justain P. Riley |
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