David Nelson v. Jim Salmonsen, et al
| DAVID WAYNE NELSON |
| JIM SALMONSEN and AUSTIN KNUDSEN |
| 23-35031 |
| January 12, 2023 |
| U.S. Court of Appeals, Ninth Circuit |
| Habeas Corpus |
Docket Report
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| Filing 2 Filed order (JACQUELINE H. NGUYEN and BRIDGET S. BADE) Although the January 12, 2023, notice of appeal was not filed or delivered to prison officials within 30 days after entry of the November 14, 2022, judgment, on January 12, 2023, appellant filed a motion to extend time to appeal pursuant to Federal Rule of Appellate Procedure 4(a)(5). In a text order entered on February 21, 2023, the district court summarily denied as moot both appellants motion to extend time for appeal and his pending motion for relief from judgment. This appeal is remanded to the district court for the limited purpose of allowing that court to consider the merits of appellants January 12, 2023, motion to extend time for appeal. The district court is requested to serve a copy of its decision on this court at its earliest convenience. Briefing is stayed pending further order of the court. If the district court grants the motion to extend time, appellant does not need to file a new notice of appeal. The Clerk will send a copy of this order directly to the district judge. [12671784] (WL) [Entered: 03/10/2023 02:49 PM] |
| Filing 1 Open 9th Circuit docket: needs certificate of appealability. Date COA denied in DC: 11/14/2022. Record on appeal included: Yes. [12629337]--[Edited: Attached Notice to Inmates, resent NDA. 02/01/2023 by JMR] (JMR) [Entered: 01/12/2023 12:10 PM] |
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