David Bollinger v. William Gittere
| DAVID BOLLINGER |
| WILLIAM GITTERE, Warden |
| 23-99002 |
| March 28, 2023 |
| U.S. Court of Appeals, Ninth Circuit |
| Habeas Corpus: Death Penalty |
Docket Report
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| Filing 4 Filed clerk order (Deputy Clerk: MCD): This appeal is from the district courts February 24, 2023 order (entered February 27, 2023), which vacated its prior orders granting Petitioner-Appellants Federal Rule of Civil Procedure 60(b) motion and granting Petitioner-Appellant leave to amend his 28 U.S.C. 2254 petition. Petitioner-Appellants appeal from the reinstated March 5, 2015 judgment will proceed separately under Appeal No. 15-99007. This appeal, which requires a certificate of appealability, was filed while a timely Fed. R. App. P. 4(a)(4) motion was pending in the district court. The notice of appeal is therefore ineffective, see Fed. R. App. P. 4(a)(4), and proceedings in this court will be stayed until the district court decides the March 24, 2023 Federal Rule of Civil Procedure 59(e) motion, or until further order of the court. See Leader Natl Ins. Co. v. Industrial Indemnity Ins. Co., 19 F.3d 444, 445 (9th Cir. 1994). Within 14 days after the district courts decision on the March 24, 2023 Rule 59(e) motion, Petitioner-Appellant must notify this court in writing of the decision and state whether he intends to move forward with this appeal. To challenge the district courts ruling on the post-judgment motion, Petitioner-Appellant must file an amended notice of appeal within the time set by Federal Rule of Appellate Procedure 4. See Fed. R. App. P. 4(a)(4). A copy of this order will be sent to the district court. [12698486] (AF) [Entered: 04/19/2023 11:19 AM] |
| Filing 3 Added Attorney(s) Katrina Lopez for party(s) Appellee William Gittere, in case 23-99002. [12688787] (QDL) [Entered: 04/04/2023 01:40 PM] |
| Filing 2 Filed (ECF) notice of appearance of Katrina A. Lopez (State of Nevada, Office of the Attorney General, 555 E. Washington Ave., Ste. 3900, Las Vegas, NV 89101) for Appellee William Gittere. Date of service: 04/04/2023. (Party was previously proceeding with counsel.) [12688782] [23-99002] (Lopez, Katrina) [Entered: 04/04/2023 01:38 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. The briefing schedule will be set by further court order. [12683841] (HH) [Entered: 03/28/2023 02:47 PM] |
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| Petitioner / appellant: DAVID BOLLINGER | |
| Represented By: | Heather Fraley Esquire |
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| Respondent / appellee: WILLIAM GITTERE, Warden | |
| Represented By: | Jeffrey Morgan Conner |
| Represented By: | Katrina Lopez |
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