United States of America v. Coston
| UNITED STATES OF AMERICA |
| EDWIN RANDAL COSTON, Allah and Allah Allah |
| 26-2679 |
| April 29, 2026 |
| U.S. Court of Appeals, Ninth Circuit |
| Vacate Sentence |
Docket Report
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| Document Text |
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| Filing 4 MOTION for Miscellaneous Relief filed by Appellant Edwin Randal Coston. [Entered: 06/11/2026 01:38 PM] |
Filing 3
ORDER FILED. (Michelle T. FRIEDLAND, Ryan D. NELSON, Bridget S. BADE) The district court entered the final order denying appellants 28 U.S.C. 2255 motion on June 27, 2022. See Stratton v. Buck, 697 F.3d 1004, 1007 (9th Cir. 2012) (Where there is no separate judgment, pursuant to Fed. R. App. P. 4(a)(7)(A)(ii), we deem the entry of judgment to be 150 days after the entry of an appealable final order.). The district court entered the order denying appellants Federal Rule of Civil Procedure 60(b) motion on February 12, 2026. See Fed. R. Civ. Proc 58(a)(5) (no entry of separate document required for an order disposing of a motion for relief under Rule 60). The notice of appeal, dated April 20, 2026, was not delivered to prison officials within 210 days after the June 27, 2022 order denying the 2255 motion, or within 60 days after the February 12, 2026 order denying the Rule 60 motion. See 28 U.S.C. 2107(b); 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(c)(1) (notice of appeal deemed filed when deposited in the institutions internal mail system if appellant submits sufficient evidence). This appeal is therefore dismissed. DISMISSED. [Entered: 05/28/2026 09:10 AM]
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| Filing 2 COA SCHEDULE NOTICE. No COA order in district court. [Entered: 04/29/2026 02:20 PM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 2:13-cr-00112-TOR-1 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 26-2679 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: 04/29/2026 02:16 PM] |
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