Voss v. Henley, et al.
| STEVEN FLOYD VOSS |
| PERRY RUSSELL, ATTORNEY GENERAL OF THE STATE OF NEVADA and JOHN HENLEY |
| 25-5986 |
| September 23, 2025 |
| U.S. Court of Appeals, Ninth Circuit |
| Habeas Corpus |
Docket Report
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This docket was last retrieved on March 18, 2026. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 8 TERMINATED participation of Appellee Perry Russell. [Entered: 03/18/2026 11:24 AM] |
| Filing 7 ADDED Appellee John Henley [Entered: 03/18/2026 11:22 AM] |
| Filing 6 NOTICE of Official Substitution filed by Appellee Perry Russell, Appellee Attorney General of the State of Nevada. [Entered: 03/17/2026 04:18 PM] |
Filing 5
ORDER FILED. CANBY and HURWITZ, Circuit Judges. After reviewing the underlying petition and concluding that it states at least one federal constitutional claim debatable among jurists of reason, namely whether trial counsel was ineffective, we grant the request for a certificate of appealability (Docket Entry No. 4) with respect to the following issue: whether the district court properly denied appellants 28 U.S.C. 2254 petition as untimely, including whether an amendment to the judgment that changed appellants conviction from open murder to first-degree murder constituted a new intervening judgment that restarted AEDPAs one-year statute of limitations, see Magwood v. Patterson, 561 U.S. 320, 332-33 (2010) and Smith v. Williams, 871 F.3d 684, 687-88 (9th Cir. 2017). See 28 U.S.C. 2253(c)(3); Gonzalez v. Thaler, 565 U.S. 134 (2012); Slack v. McDaniel, 529 U.S. 473, 483-85 (2000); Lambright v. Stewart, 220 F.3d 1022, 1026 (9th Cir. 2000); see also 9th Cir. R. 22-1(e). The opening brief is due May 6, 2026. The answering brief is due June 5, 2026. The optional reply brief is due 21 days after the answering brief is served. The clerk will serve on appellant the After Opening a Case Counseled Cases document. If Perry Russell or the Nevada Attorney General are no longer the appropriate appellees in this case, counsel for appellees must notify the court by letter, within 21 days, of the correct substitute party. See Fed. R. App. P. 43(c). [Entered: 02/25/2026 05:06 PM]
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| Filing 4 MOTION for Certificate of Appealability filed by Appellant Steven Floyd Voss. [Entered: 10/07/2025 10:57 AM] |
| Filing 3 DISCLOSURE STATEMENT pursuant to FRAP 26.1 and CR 26.1-1 filed by Appellant Steven Floyd Voss. [Entered: 09/25/2025 08:28 AM] |
| Filing 2 COA SCHEDULE NOTICE. Needs a certificate of appealability. Date COA denied in DC: 8/27/2025. [Entered: 09/23/2025 01:58 PM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 3:19-cv-00197-MMD-CLB 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 25-5986 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: 09/23/2025 01:56 PM] |
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