Benavides v. Attorney General of the State of Nevada, et al.
| CRISTOBAL BENAVIDES |
| W. A. GITTERE, Warden of Ely State Prison, FAC 25, BRIAN WILLIAMS, FAC 25, JAMES DZURENDA, Director of Nevada Department of Corrections, FAC 25 and ATTORNEY GENERAL OF THE STATE OF NEVADA |
| 26-1923 |
| March 30, 2026 |
| U.S. Court of Appeals, Ninth Circuit |
| Habeas Corpus |
Docket Report
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Filing 9
ORDER FILED. Eric D. MILLER, Holly A. THOMAS 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. 8) with respect to the following issue: whether appellants 28 U.S.C. 2254 was timely filed, including whether appellant is entitled to equitable tolling. 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 December 8, 2026. The answering brief is due January 7, 2027. The optional reply brief is due 21 days after the answering brief is served. For information about case processing and preparing a brief, please review the Case Opening Information at https://cdn.ca9.uscourts.gov/datastore/acms/Attorney-Appeal-Case-Opening-Dec 2019.pdf. If W.A. Gittere is no longer the appropriate appellee in this case, counsel for appellee must notify the court by letter, within 21 days, of the correct substitute party. See Fed. R. App. P. 43(c). [Entered: 09/24/2026 09:38 AM]
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| Filing 8 MOTION for Certificate of Appealability filed by Appellant Cristobal Benavides. [Entered: 06/30/2026 10:38 PM] |
| Filing 7 Attorney Eric S. Hoshizaki as Counsel for Appellee substituted for Attorney Yanpeng Wang. [Entered: 05/15/2026 05:05 PM] |
| Filing 6 NOTICE OF APPEARANCE by Eric S. Hoshizaki for Appellee Attorney General of the State of Nevada, Appellee James Dzurenda, Appellee W. A. Gittere replacing Yanpeng Wang. [Entered: 05/15/2026 03:40 PM] |
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Filing 5
ORDER FILED. Appellants motion (Docket Entry No. 4) for an extension of time to file a request for a certificate of appealability (COA) is granted. Any request for a COA is due by June 30, 2026. [Entered: 05/04/2026 01:45 PM]
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| Filing 4 MOTION to Extend Time to File Motion filed by Appellant Cristobal Benavide. [Entered: 05/01/2026 11:51 AM] |
| Filing 3 DISCLOSURE STATEMENT pursuant to FRAP 26.1 and CR 26.1-1 filed by Appellant Cristobal Benavide. [Entered: 04/10/2026 08:04 AM] |
| Filing 2 COA SCHEDULE NOTICE. Needs a certificate of appealability. Date COA denied in DC: 3/6/2026. [Entered: 03/30/2026 03:39 PM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 2:23-cv-00576-ART-MDC 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 26-1923 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: 03/30/2026 03:37 PM] |
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