Stewart v. Green, et al.
| BENNY STEWART |
| TOM GREEN and ATTORNEY GENERAL OF THE STATE OF MONTANA |
| 26-2687 |
| April 29, 2026 |
| U.S. Court of Appeals, Ninth Circuit |
| Habeas Corpus |
Docket Report
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This docket was last retrieved on June 25, 2026. A more recent docket listing may be available from PACER.
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Filing 9
ORDER FILED. Barry G. SILVERMAN, Mark J. BENNETT This appeal is from the denial of appellants Federal Rule of Civil Procedure 60(b) motion. The request for a certificate of appealability is denied because appellant has not shown that (1) jurists of reason would find it debatable whether the district court abused its discretion in denying the Rule 60(b) motion and, (2) jurists of reason would find it debatable whether the underlying [28 U.S.C. 2254 petition] states a valid claim of the denial of a constitutional right. United States v. Winkles, 795 F.3d 1134, 1143 (9th Cir. 2015); see also 28 U.S.C. 2253(c)(2); Slack v. McDaniel, 529 U.S. 473, 484 (2000); Martinez v. Shinn, 33 F.4th 1254, 1261 (9th Cir. 2022). Any pending motions are denied as moot. DENIED. [Entered: 06/25/2026 03:51 PM]
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| Filing 8 TERMINATED participation of Counsel for Appellee Tammy K. Plubell, representing Appellee Tom Green. [Entered: 06/11/2026 10:15 AM] |
| Filing 7 NOTICE OF APPEARANCE by Mardell Lynn Ployhar for Appellee Tom Green replacing Tammy K. Plubell. [Entered: 06/11/2026 10:07 AM] |
| Filing 6 DOCUMENT SENT. Sent Appellant a copy of the docket sheet in response to the request filed on 06/10/2026. [Entered: 06/10/2026 01:14 PM] |
| Filing 5 REQUEST for Public Information filed by Appellant Benny Stewart. [Entered: 06/10/2026 12:40 PM] |
| Filing 4 DISCLOSURE STATEMENT pursuant to FRAP 26.1 and CR 26.1-1 filed by Appellant Benny Stewart. [Entered: 05/06/2026 03:25 PM] |
| Filing 3 MOTION to Proceed In Forma Pauperis filed by Appellant Benny Stewart. [Entered: 05/06/2026 03:22 PM] |
| Filing 2 COA SCHEDULE NOTICE. Needs a certificate of appealability. Date COA denied in DC: [03/21/2025]. [Entered: 04/29/2026 03:34 PM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 2:15-cv-00036-DLC 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 26-2687 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 03:31 PM] |
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