Fink v. Allison
| DAVID FINK |
| KATHLEEN ALLISON, CDCR Director |
| 26-189 |
| January 9, 2026 |
| U.S. Court of Appeals, Ninth Circuit |
| Habeas Corpus |
Docket Report
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Filing 5
ORDER FILED. Proceedings in this court other than mediation are stayed until the district court rules on the timely tolling motion filed on November 10, 2025 (deposited for mailing on November 6, 2025). See Fed. R. App. P. 4(a)(4); Leader Natl Ins. Co. v. Indus. Indem. Ins. Co., 19 F.3d 444, 445 (9th Cir. 1994). To challenge the district courts ruling on the post-judgment motion, appellant must file a timely notice of appeal. See Fed. R. App. P. 4(a). The clerk will send a copy of this order to the district court and the district judge. [Entered: 02/04/2026 10:55 AM]
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| Filing 4 MOTION to Proceed In Forma Pauperis filed by Appellant David Fink. [Entered: 01/26/2026 07:53 AM] |
| Filing 3 COA SCHEDULE NOTICE. Needs a certificate of appealability. Date COA denied in DC: [10/10/2025]. [Entered: 01/12/2026 11:03 AM] |
| Filing 2 DEFECTIVE --- SCHEDULE NOTICE. Appeal Opening Brief (No Transcript Due) (Appellant) 2/18/2026, Appeal Answering Brief (No Transcript Due) (Appellee) 3/20/2026. For appeal no. 26-189, 2:25-cv-04727-SPG-RAO. All briefs shall be served and filed pursuant to FRAP 31 and 9th Cir. R. 31-2.1. Failure of the petitioner(s)/appellant(s) to comply with this briefing schedule will result in automatic dismissal of the appeal. See 9th Cir. R. 42-1. [COURT UPDATE: wrong docketing notice issued; court to reissuing docketing notice] [Entered: 01/09/2026 01:30 PM] [Edited: 01/12/2026 11:01 AM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 2:25-cv-04727-SPG-RAO 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 26-189 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: 01/09/2026 01:27 PM] |
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| Petitioner: DAVID FINK | |
| Represented By: | David Fink |
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| Respondent: KATHLEEN ALLISON, CDCR Director | |
| Represented By: | Gregory Marcot |
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