United States of America v. Moore
| CARL MOORE, 5 Face, Lil Animosity and Baby D-Sweet |
| UNITED STATES OF AMERICA |
| 23-694 |
| April 18, 2023 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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Filing 13
ORDER FILED. Appellants motion (Docket Entry No. 12) for an extension of time to file the opening brief is granted. Due to the length of extensions granted, the court is not inclined to grant further motions for an extension of time to file the opening brief absent extraordinary and compelling circumstances. The opening brief is due November 20, 2023. The answering brief is due December 20, 2023. The optional reply brief is due within 21 days after service of the answering brief. [Entered: 09/14/2023 03:32 PM]
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| Filing 12 MOTION to Extend Time to File Opening Brief filed by Appellant Carl Moore. [Entered: 09/08/2023 11:39 AM] |
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Filing 11
ORDER FILED. Streamlined Request for Extension of Time to File Opening Brief for 30 days (DE 10) granted. Amended briefing schedule: Opening Brief Due 9/20/2023, Answering Brief Due 10/20/2023. Optional Reply Brief due 21 days after service of Answering Brief. All briefs shall be served and filed pursuant to FRAP 31 and 9th Cir. R. 31-2.1. [Entered: 07/17/2023 09:19 AM]
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| Filing 10 STREAMLINED request for extension of time to file opening brief for 30 days filed by Appellant Carl Moore. [Entered: 07/16/2023 07:52 PM] |
| Filing 9 ADDED Counsel for Appellant Erick L. Guzman for Appellant Carl Moore. [Entered: 05/12/2023 04:15 PM] |
| Filing 8 CJA Counsel Appointment [Entered: 05/12/2023 02:03 PM] |
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Filing 7
ORDER FILED. Lisa B. Fitzgerald, Appellate Commissioner. Appellants submission of a completed CJA Form 23 (Docket Entry No. 5-2) is treated as a motion to proceed in forma pauperis and is granted. The Clerk will amend the docket to reflect this status. The motion of retained counsel John D. Kirby to withdraw and to appoint counsel (Docket Entry No. 5-1) is granted. The Clerk will electronically serve this order on the appointing authority for the Southern District of California, who will locate appointed counsel. The appointing authority is requested to send notification of the name, address, and telephone number of appointed counsel to the Clerk of this court at [email protected] within 14 days of locating counsel. Appellant must order the reporters transcript through submission of a CJA Form 24 to the district court by June 12, 2023. The transcript is due July 12, 2023. The opening brief and excerpts of record are due August 21, 2023; the answering brief is due September 20, 2023; and the optional reply brief is due within 21 days after service of the answering brief. If appellant seeks transcripts of proceedings requiring special authorization, that authorization should be obtained from the district court. See 6 Guide to Judiciary Policy 550.40. Former counsel is reminded that, in future appeals, a motion to withdraw must be served on defendant, and the proof of service must include defendants current address. See 9th Cir. R. 4-1(c). The Clerk will serve this order on former counsel and appellant individually: Reg. No. 83205-509, San Luis Detention Center, San Luis, AZ 85349. [Entered: 05/10/2023 03:58 PM]
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| Filing 6 TERMINATED participation of Counsel for Appellant John David Kirby representing Appellant Carl Moore. [Entered: 05/10/2023 03:45 PM] |
| Filing 5 NOTICE of withdrawal as counsel filed by John David Kirby. --[COURT UPDATE: Locked PDF of CJA 23 form.] [Entered: 05/10/2023 10:13 AM] [Edited: 05/10/2023 10:32 AM] |
| Filing 4 CORRESPONDENCE filed by Appellant Carl Moore. [Entered: 05/02/2023 02:49 PM] |
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Filing 3
ORDER FILED. Court records show that counsel John David Kirby was retained to represent appellant before the district court and has not been granted leave to withdraw. Counsel has a duty to continue to represent appellant on appeal until counsel is relieved by this court. See 9th Cir. R. 4-1(a). Therefore, although appellant filed a pro se notice of appeal, counsel Kirby remains responsible for prosecuting this appeal and has been entered on the docket as counsel of record. If counsel wishes to withdraw, within 28 days of this order, counsel must file in this court: (1) a substitution of counsel showing that new counsel has been retained, has filed a notice of appearance, and has paid to the district court the $505.00 filing and docketing fees for this appeal, or (2) a motion to withdraw and to appoint counsel, accompanied by a completed financial affidavit (CJA Form 23). See 9th Cir. R. 4-1(c). Alternatively, counsel may move to voluntarily dismiss the appeal, accompanied by an affidavit or signed statement from appellant showing that appellant has been advised of his rights with regard to the appeal and expressly stating that appellant wishes to dismiss the appeal voluntarily. See Fed. R. App. P. 42(b); 9th Cir. R. 27-9.1. If counsel does not move to withdraw, within 28 days, the docketing and filing fees in the amount of $505.00 must be paid to the district court and proof of payment must be filed with this court. Further, the following briefing schedule will govern: appellant must order the reporters transcript by May 19, 2023. The transcript is due June 20, 2023. The opening brief and excerpts of record are due July 31, 2023; the answering brief is due August 30, 2023; and the optional reply brief is due within 21 days after service of the answering brief. The Clerk will serve this order and a CJA Form 23 on counsel Kirby. Within 14 days of this order, counsel must serve this order on appellant and provide proof of service to this court, including appellants address and registration number. [Entered: 04/21/2023 04:41 PM]
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| Filing 2 SCHEDULE NOTICE. Sentence imposed: 105 Months. Appeal Transcript Order Due 5/5/2023, Appeal Transcript Due 6/5/2023, Appeal Opening Brief Due 7/14/2023, Appeal Answering Brief Due 8/14/2023. All briefs shall be served and filed pursuant to FRAP 31 and 9th Cir. R. 31-2.1. Failure of the petitioner to comply with this briefing schedule may result in automatic dismissal of the appeal. See 9th Cir. R. 42-1 [Entered: 04/18/2023 02:20 PM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition 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 23-694 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: 04/18/2023 02:17 PM] |
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