Joseph v. Hill, et al.
| PEOPLE OF CALIFORNIA |
| JAMES JOSEPH |
| RICK HILL |
| 23-3133 |
| October 27, 2023 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
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Filing 3
ORDER FILED. 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 or deposited for mailing in the prisons internal mail system within 30 days after entry of the district courts judgment on August 21, 2023. See 28 U.S.C. 2107(a); Fed. R. App. P. 4(a)(1)(A), (c). 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 will dismiss this request for a certificate of appealability pursuant to Ninth Circuit Rule 42-1. [Entered: 11/01/2023 03:52 PM]
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| Filing 2 COA SCHEDULE NOTICE. Needs a certificate of appealability. Date COA denied in DC: [08/21/2023]. [Entered: 10/27/2023 04:39 PM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 3:21-cv-06745-WHO has been received in the Clerk's office of the United States Court of Appeals for the Ninth Circuit. The U.S. Court of Appeals docket number 23-3133 has been assigned to this case. All communications with the court must indicate this Court of Appeals docket number. Please carefully review the docket to ensure the name(s) and contact information are correct. It is your responsibility to alert the court if your contact information changes. Resources Available For more information about case processing and to assist you in preparing your brief, please review the Case Opening Information (for #attorneys and #pro se litigants) and review the #Appellate Practice Guide. Counsel should consider contacting the court's #Appellate Mentoring Program for help with the brief and argument. [Entered: 10/27/2023 04:36 PM] |
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