Philip Schefflin v. Joseph Jackson

Philip Schefflin v. Joseph Jackson

Petitioner / Appellant:	PHILIP IRA SCHEFFLIN
Respondent / Appellee:	JOSEPH JAMES ANTHONY JACKSON, Prosecuting Attorney, Thurston County Washington
Case Number:	23-35314
Filed:	May 5, 2023
Court:	U.S. Court of Appeals, Ninth Circuit
Nature of Suit:	Habeas Corpus

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Docket Report

This docket was last retrieved on June 1, 2023. A more recent docket listing may be available from PACER.

Date Filed	Document Text
June 1, 2023	Filing 2 Filed order (MICHELLE T. FRIEDLAND and JENNIFER SUNG) Although the May 3, 2023 notice of appeal was not filed or delivered to prison officials within 30 days after entry of the March 6, 2023 judgment, appellants notice of appeal includes an allegation that he did not receive notice of the entry of judgment until May 2, 2023. We construe appellants pro se notice of appeal as a motion to reopen the time to file an appeal pursuant to Federal Rule of Appellate Procedure 4(a)(6). See United States v. Withers, 638 F.3d 1055, 1061 (9th Cir. 2011) (statement in notice of appeal that appellant did not receive judgment should be construed as motion to reopen time to appeal pursuant to Fed. R. App. P. 4(a)(6)). The district court has not had an opportunity to rule on that motion. This appeal is remanded to the district court for the limited purpose of allowing that court to rule on appellants May 3, 2023 motion to reopen the time to 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 reopen, appellant does not need to file a new notice of appeal. The Clerk will send a copy of this order to the district judge. [12726503] (CKP) [Entered: 06/01/2023 11:45 AM]
May 5, 2023	Filing 1 Open 9th Circuit docket. No COA order in district court. Record on appeal included: Yes. [12709840] (RT) [Entered: 05/05/2023 11:53 AM]

Date Filed

Document Text

June 1, 2023

Filing 2 Filed order (MICHELLE T. FRIEDLAND and JENNIFER SUNG) Although the May 3, 2023 notice of appeal was not filed or delivered to prison officials within 30 days after entry of the March 6, 2023 judgment, appellants notice of appeal includes an allegation that he did not receive notice of the entry of judgment until May 2, 2023. We construe appellants pro se notice of appeal as a motion to reopen the time to file an appeal pursuant to Federal Rule of Appellate Procedure 4(a)(6). See United States v. Withers, 638 F.3d 1055, 1061 (9th Cir. 2011) (statement in notice of appeal that appellant did not receive judgment should be construed as motion to reopen time to appeal pursuant to Fed. R. App. P. 4(a)(6)). The district court has not had an opportunity to rule on that motion. This appeal is remanded to the district court for the limited purpose of allowing that court to rule on appellants May 3, 2023 motion to reopen the time to 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 reopen, appellant does not need to file a new notice of appeal. The Clerk will send a copy of this order to the district judge. [12726503] (CKP) [Entered: 06/01/2023 11:45 AM]

May 5, 2023

Filing 1 Open 9th Circuit docket. No COA order in district court. Record on appeal included: Yes. [12709840] (RT) [Entered: 05/05/2023 11:53 AM]

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Petitioner / appellant: PHILIP IRA SCHEFFLIN
Represented By:	Philip Ira Schefflin
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Respondent / appellee: JOSEPH JAMES ANTHONY JACKSON, Prosecuting Attorney, Thurston County Washington
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