Stone v. Mule Creek State Prison
| JAMES MICHAEL STONE |
| MULE CREEK STATE PRISON, Warden |
| 25-650 |
| January 31, 2025 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 9 RESPONSE to Order - General OSC (DE 3) filed by Appellant James Michael Stone. [Entered: 03/20/2025 01:42 PM] |
Filing 8
ORDER FILED. The court has received appellants motion for appointment of counsel, which will be addressed after appellant responds to this courts February 3, 2025, order to show cause. Within 21 days, appellant must either file a motion to voluntarily dismiss this request for a certificate of appealability (COA) or file a statement explaining why it should not be dismissed for lack of jurisdiction. 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 include a copy of this courts February 3, 2025, order. [Entered: 03/10/2025 03:13 PM]
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| Filing 7 CJA FORM 23 FINANCIAL AFFIDAVIT filed by Appellant James Michael Stone. [Entered: 03/05/2025 10:06 AM] |
| Filing 6 MOTION to Proceed In Forma Pauperis filed by Appellant James Michael Stone. [Entered: 03/05/2025 10:05 AM] |
| Filing 5 MOTION for Appointment of Counsel filed by Appellant James Michael Stone. [Entered: 03/05/2025 10:01 AM] |
| Filing 4 MAIL RETURNED. DE 2 and DE 3 addressed to Appellant James Michael Stone. Action taken: resending to # AW2651, Mule Creek State Prison, P.O. Box 409099, Ione, CA 95640. [Entered: 02/26/2025 04:29 PM] |
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Filing 3
ORDER FILED. The notice of appeal was not filed or deposited in the prisons internal mail system within 30 days after the district court entered judgment on December 23, 2024. 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. [Entered: 02/03/2025 02:03 PM]
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| Filing 2 COA SCHEDULE NOTICE. Needs a certificate of appealability. Date COA denied in DC: 12/23/2024. [Entered: 01/31/2025 01:53 PM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 2:21-cv-01708-TLN-AC 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 25-650 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: 01/31/2025 01:51 PM] |
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| Petitioner: JAMES MICHAEL STONE | |
| Represented By: | James Michael Stone |
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| Respondent: MULE CREEK STATE PRISON, Warden | |
| Represented By: | Charity S. Whitney |
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