Brian O'Keefe v. Tim Garrett, et al
| BRIAN KERRY O'KEEFE |
| TIM GARRETT and ATTORNEY GENERAL FOR THE STATE OF NEVADA |
| 23-15977 |
| July 10, 2023 |
| U.S. Court of Appeals, Ninth Circuit |
| Habeas Corpus |
Docket Report
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| Filing 5 Filed clerk order (Deputy Clerk: MCD): On August 16, 2023, the district court denied the motion for reconsideration. The stay of proceedings in this court (Docket Entry No. [12753895-2) 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). [12779381] (JMR) [Entered: 08/23/2023 10:14 AM] |
| Filing 4 Received copy of amended notice of appeal from district court filed on 08/21/2023. [12778126] (QDL) [Entered: 08/21/2023 03:52 PM] |
| Filing 3 Filed Appellant Brian Kerry O'Keefe motion for certificate of appealability. Deficiencies: None. Served on 07/14/2023. [12759386] (QDL) [Entered: 07/21/2023 10:35 AM] |
| Filing 2 Filed clerk order (Deputy Clerk: MCD): When the notice of appeal was filed, a timely motion listed in Federal Rule of Appellate Procedure 4(a)(4) was pending in the district court. Appellate proceedings are therefore held in abeyance until the district court decides the pending motion. See Fed. R. App. P. 4(a)(4); Leader Nat'l Ins. Co. v. Indus. Indem. Ins. Co., 19 F.3d 444, 445 (9th Cir. 1994) (notice of appeal becomes effective when timely tolling motions resolved). To challenge the district courts ruling on the motion, appellant must file an amended notice of appeal within the time set by Federal Rule of Appellate Procedure 4. The Clerk will serve this order on the district court. [12753895] (JMR) [Entered: 07/12/2023 02:00 PM] |
| Filing 1 Open 9th Circuit docket: needs certificate of appealability. Date COA denied in DC: 11/30/2022. Record on appeal included: Yes. [12751508] (RT) [Entered: 07/10/2023 10:52 AM] |
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