Esequiel Garcia v. Neil McDowell, et al
| ESEQUIEL GARCIA |
| NEIL MCDOWELL, Warden and RAYTHEL FISHER, Warden |
| 23-15587 |
| April 21, 2023 |
| U.S. Court of Appeals, Ninth Circuit |
| Habeas Corpus |
Docket Report
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| Filing 4 Filed Appellant Esequiel Garcia motion to proceed In Forma Pauperis. Deficiencies: None. Served on 05/25/2023. [12731750] (BJK) [Entered: 06/08/2023 11:54 AM] |
| Filing 3 Filed clerk order (Deputy Clerk: MCD): The courts records reflect that appellant filed a timely motion listed in Federal Rule of Appellate Procedure 4(a)(4), and that motion is still pending in the district court. The April 19, 2023, 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 April 28, 2023, motion. See Leader Natl Ins. Co. v. Industrial Indemnity Ins. Co., 19 F.3d 444 (9th Cir. 1994); Tripati v. Henman, 845 F.2d 205, 206 (9th Cir. 1988). To challenge an adverse 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). Appellants motion to extend time (Docket Entry No. [ # 2 ]) is granted insofar as appellant may file a request for certificate of appealability in this court within 60 days after the district courts ruling on his April 28, 2023, motion. A copy of this order will be sent to the district court. [12713834] (AF) [Entered: 05/11/2023 10:48 AM] |
| Filing 2 Filed Appellant Esequiel Garcia motion to extend time to file COA request until 07/18/2023. Deficiencies: None. Served on 05/04/2023. [12713365] (BJK) [Entered: 05/10/2023 03:40 PM] |
| Filing 1 Open 9th Circuit docket: needs certificate of appealability. Date COA denied in DC: 04/14/2023. Record on appeal included: Yes. [12700595] (JMR) [Entered: 04/21/2023 01:47 PM] |
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