Angel Sanchez v. Teresa Cisneros
| ANGEL SANCHEZ |
| WARDEN TERESA CISNEROS |
| 23-55490 |
| June 6, 2023 |
| U.S. Court of Appeals, Ninth Circuit |
| Habeas Corpus |
Docket Report
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| Filing 10 Filed order (Appellate Commissioner: Lisa B. Fitzgerald): The court has received and reviewed appellants response to this courts June 7, 2023 order to show cause. Appellant attests that he delivered the notice of appeal to prison authorities on May 25, 2023, within 30 days after entry of the district courts judgment on April 25, 2023. See 28 U.S.C. 2107(a); Fed. R. App. P. 4(a)(1)(A), (c)(1). Appellees did not file a response. The order to show cause is discharged. This case appears to arise under 28 U.S.C. 2254 and thus is subject to the requirements of 28 U.S.C. 2253(c). This case is remanded to the district court for the limited purpose of granting or denying a certificate of appealability at the courts earliest convenience. See 28 U.S.C. 2253(c); Fed. R. App. P. 22(b); United States v. Asrar, 116 F.3d 1268, 1270 (9th Cir. 1997). If the district court chooses to issue a certificate of appealability, the court should specify the issues that meet the required showing ; if the district court declines to issue a certificate, the court is requested to state its reasons. See 28 U.S.C. 2253(c)(3); Asrar, 116 F.3d at 1270. A briefing schedule will not be set until the district court and, if necessary, this court determine whether a certificate of appealability should issue. Appellants pending motions will be addressed after a determination on the certificate of appealability. The Clerk will send a copy of this order to the district court. [12768643] (RT) [Entered: 08/04/2023 04:33 PM] |
| Filing 9 Filed Appellant Angel Sanchez letter dated 07/31/2023 re: Exhibit to motion to appoint counsel (test score). Paper filing deficiency: None. [12767715] (HH) [Entered: 08/03/2023 03:18 PM] |
| Filing 8 Filed Appellant Angel Sanchez motion to appoint counsel. Deficiencies: None. Served on 07/25/2023. [12765788] (BJK) [Entered: 08/01/2023 11:19 AM] |
| Filing 7 Filed Appellant Angel Sanchez motion to appoint counsel. Deficiencies: None. Served on 06/25/2023. [12753239] (BJK) [Entered: 07/11/2023 04:17 PM] |
| Filing 6 Filed Appellant Angel Sanchez letter dated 06/28/2023 re:date he mailed Notice of Appeal. Paper filing deficiency: None. [12749935] (BJK) [Entered: 07/06/2023 02:11 PM] |
| Filing 5 Filed Appellant Angel Sanchez motion to appoint counsel. Deficiencies: None. Served on 06/25/2023. [12748040] (BJK) [Entered: 07/03/2023 01:24 PM] |
| Filing 4 Filed Appellant Angel Sanchez letter dated 06/19/2023 re:inmate mail log. Paper filing deficiency: None. [12744214] (BJK) [Entered: 06/27/2023 04:09 PM] |
| Filing 3 Filed Appellant Angel Sanchez letter dated 06/14/2023 re: inmate declaration of timely filing. Paper filing deficiency: None. [12741622] (BJK) [Entered: 06/22/2023 04:43 PM] |
| Filing 2 Filed clerk order (Deputy Clerk: MCD): The district court judgment was entered on the docket on April 25, 2023. Appellants notice of appeal from that judgment was dated May 25, 2023, but was not filed until June 2, 2023. Thus, the notice of appeal was not filed within 30 days after the entry of the judgment. See 28 U.S.C 2107(a); Fed. R. App. P. 4(a)(1). Because appellant is a pro se prisoner, however, the notice of appeal is deemed filed when it was delivered to prison authorities for forwarding to the court. See Fed. R. App. P. 4(c)(1); Houston v. Lack, 487 U.S. 266, 270 (1988). Accordingly, within 21 days after the date of this order, appellant shall file with this court a declaration or notarized statement attesting to the date on which the notice of appeal was deposited in the institutions internal mail system and whether first-class postage was prepaid, or otherwise show cause why this appeal should not be dismissed for lack of jurisdiction. See Fed. R. App. P. 4(c)(1); Douglas v. Noelle, 567 F.3d 1103 (9th Cir. 2009). A response may be filed within 10 days after service of appellants declaration. If appellant does not comply with this order, the Clerk shall dismiss this appeal pursuant to Ninth Circuit Rule 42-1. Briefing is suspended pending further order of this court. The Clerk will serve a Form 33 Inmate Declaration of Timely Filing on appellant along with this order. [12731065] (CKP) [Entered: 06/07/2023 02:44 PM] |
| Filing 1 Open 9th Circuit docket. No COA order in district court. Record on appeal included: Yes. [12730024] (JMR) [Entered: 06/06/2023 02:25 PM] |
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| Petitioner / appellant: ANGEL SANCHEZ | |
| Represented By: | Angel Sanchez |
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| Respondent / appellee: WARDEN TERESA CISNEROS | |
| Represented By: | Kenneth Charles Byrne |
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