Betts v. Godwin, et al.
| MATTHEW ROLAND BETTS |
| RON GODWIN, Warden at Pleasant Valley State Prison at Coalinga and KATHLEEN ALLISON, Secretary of the California Department of Corrections and Rehabilitation |
| 25-1114 |
| February 21, 2025 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
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| Filing 6 TERMINATED participation of Counsel for Appellant Robert Sanger, representing Appellant Matthew Roland Betts. [Entered: 04/18/2025 10:52 AM] |
Filing 5
ORDER FILED. William C. CANBY, Eric D. MILLER The motion (Docket Entry No. 4) by Robert Sanger to withdraw as counsel is granted. See 9th Cir. R. 4-1(c). Appellant is proceeding without counsel. The notice of appeal was not filed within 30 days after the district court entered judgment on January 8, 2025. See 28 U.S.C. 2107(a); Fed. R. App. P. 4(a)(1)(A). Neither appellant nor counsel Sanger responded to this courts February 25, 2025, jurisdictional order to show cause. A review of the record, however, reflects that on February 19, 2025, appellant filed pro se a motion in the district court to extend time to file a request for a certificate of appealability. The district court docketed that filing as a notice of appeal. Because the motion seeks additional time to pursue appellate review, we construe the February 19, 2025 filing in part as a motion to extend time for appeal under Federal Rule of Appellate Procedure 4(a)(5). This case is remanded to allow the district court to rule on the motion. If the district court grants the motion for extension, appellant does not need to file a new notice of appeal. The clerk will send a copy of this order to the district judge. The clerk will serve this order on appellant Matthew Betts (CDCR No. BK5625) at California Heath Care Facility, P.O. Box 213040, Stockton, California 95213. [Entered: 04/18/2025 10:48 AM]
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| Filing 4 RESPONSE to Order - General OSC (DE 3) filed by Appellant Matthew Roland Betts. [Entered: 03/10/2025 04:53 PM] |
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Filing 3
ORDER FILED. Counsel Robert Sanger represented appellant in the district court and has not been granted leave to withdraw. Although appellant filed a pro se notice of appeal, Robert Sanger continues as appellants counsel on appeal. See 9th Cir. R. 4-1(a). If counsel wishes to withdraw, counsel must file a motion that complies with Ninth Circuit Rule 4-1(c) within 14 days. The notice of appeal was not filed within 30 days after the district court entered judgment on January 8, 2025. See 28 U.S.C. 2107(a); Fed. R. App. P. 4(a)(1)(A). The court may therefore lack jurisdiction over this request for a certificate of appealability (COA). See United States v. Sadler, 480 F.3d 932, 937 (9th Cir. 2007) (requirement of timely notice of appeal is jurisdictional); see also Fed. R. App. P. 4(a)(5), (a)(6); 26(b)(1) (only the district court can extend the time to file a notice of appeal). Within 21 days, appellant must either file a motion to voluntarily dismiss this request for a COA or file a statement explaining why it should not be dismissed. If appellant does not do so, the court will dismiss the request for a COA. See 9th Cir. R. 42-1. If appellant files a statement, appellee may file a response within 10 days. The clerk will serve this order on appellant Matthew Betts (CDCR No. BK5625) at California Heath Care Facility, P.O. Box 213040, Stockton, California 95213. [Entered: 02/25/2025 11:52 AM]
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| Filing 2 COA SCHEDULE NOTICE. Needs a certificate of appealability. Date COA denied in DC: [01/08/2025]. [Entered: 02/21/2025 04:40 PM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 2:22-cv-01597-RGK-SSC 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 25-1114 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. Attorneys should consider contacting the court's #Appellate Mentoring Program for help with the brief and argument. [Entered: 02/21/2025 04:38 PM] |
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