Tito Barron-Aguilar v. Attorney General for the State of Nevada, et al
| TITO BARRON-AGUILAR |
| ATTORNEY GENERAL FOR THE STATE OF NEVADA and GABRIELA NAJERA |
| 23-15660 |
| May 2, 2023 |
| U.S. Court of Appeals, Ninth Circuit |
| Habeas Corpus |
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| 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 May 2, 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 27, 2023, motion. See Leader Natl Ins. Co. v. Industrial Indemnity Ins. Co., 19 F.3d 444 (9th Cir. 1994). 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 to file a request for a certificate of appealability (Docket Entry No. [ # 2 ]) is granted insofar as appellants request will be due in this court within 60 days from entry of the district courts order resolving appellants pending motion for reconsideration. A copy of this order will be sent to the district court. [12729962] (OC) [Entered: 06/06/2023 02:05 PM] |
| Filing 2 Filed (ECF) Appellant Tito Barron-Aguilar Motion to extend time to file COA request until 08/07/2023. Date of service: 06/05/2023. [12728338] [23-15660] (Kirschner, Courtney) [Entered: 06/05/2023 10:01 AM] |
| Filing 1 Open 9th Circuit docket: needs certificate of appealability. Date COA denied in DC: 04/03/2023. Record on appeal included: Yes. [12707421] (WL) [Entered: 05/02/2023 03:30 PM] |
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