Melinda Stone v. Erin Zemper, et al
| MELINDA SUZANNE STONE |
| JUDGE ERIN ZEMPER, Eugene Municipal Court and JUDGE JAY A. MCALPIN, Lane County Circuit Court |
| 23-35037 |
| January 18, 2023 |
| U.S. Court of Appeals, Ninth Circuit |
| Habeas Corpus |
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| Filing 4 Filed order (JACQUELINE H. NGUYEN and BRIDGET S. BADE) We have received and reviewed appellants response to this courts January 18, 2023, order to show cause. The request for a certificate of appealability is denied because the notice of appeal was not timely filed and appellant did not file a motion to extend or reopen time for appeal in the district court within the jurisdictional time limits. See 28 U.S.C. 2107, 2253(c)(2); Fed. R. App. P. 4(a)(5), (6). Although a pro se notice of appeal can sometimes be treated as a motion to reopen time for appeal, see United States v. Withers, 638 F.3d 1055, 1061 (9th Cir. 2011), we cannot do so here because appellants notice of appeal was filed more than 14 days after she received notice of entry of the district courts November 18, 2022, judgment. See 28 U.S.C. 2107(c); Fed. R. App. P. 4(a)(6)(B). Any pending motions are denied as moot. DENIED. [12671773] (WL) [Entered: 03/10/2023 02:42 PM] |
| Filing 3 Filed Appellant Melinda Suzanne Stone response to court order. Served on 02/07/2023. [12649180] (HH) [Entered: 02/08/2023 02:22 PM] |
| Filing 2 Filed clerk order (Deputy Clerk: KMB): 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 within 30 days after entry of the district courts judgment on November 18, 2022. See 28 U.S.C. 2107(a); Fed. R. App. P. 4(a)(1)(A). 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 does not comply with this order, the Clerk may dismiss this request for a certificate of appealability pursuant to Ninth Circuit Rule 42-1. [12633294] (WL) [Entered: 01/18/2023 04:19 PM] |
| Filing 1 Open 9th Circuit docket: needs certificate of appealability. Date COA denied in DC: 11/18/2022. Record on appeal included: Yes. [12632462] (JMR) [Entered: 01/18/2023 09:37 AM] |
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