Kelton v. Idaho Department of Corrections Director
| COURTNEY ANNE KELTON |
| IDAHO DEPARTMENT OF CORRECTIONS DIRECTOR, In His or Her Official Capacity as the Officer Asserting and Executing Custody Under Color of Idaho Judgment |
| 26-3485 |
| May 29, 2026 |
| U.S. Court of Appeals, Ninth Circuit |
| Habeas Corpus |
Docket Report
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This docket was last retrieved on July 16, 2026. A more recent docket listing may be available from PACER.
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Filing 7
ORDER FILED. S.R. THOMAS and LEE, Circuit Judges. The court has considered appellants response to this courts June 1, 2026, order. The request for a certificate of appealability is denied because the notice of appeal was not timely filed and appellant did not file in the district court, within the jurisdictional time limit, a motion to extend the time for appeal. See 28 U.S.C. 2107, 2253(c)(2); Fed. R. App. P. 4(a)(5)(A). Appellant is not entitled to the benefit of the mailbox rule because she is not in custody and did not use a prisons internal mail system. See Fed. R. App. P. 4(c)(1); Houston v. Lack, 487 U.S. 266, 270 (1988). Any pending motions are denied as moot. DENIED. [Entered: 07/16/2026 01:53 PM]
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| Filing 6 RESPONSE to Court Order (DE 3) filed by Appellant Courtney Anne Kelton. [Entered: 06/30/2026 09:15 AM] |
| Filing 5 ADDED Counsel for Appellee Mark William Olson [Entered: 06/24/2026 02:43 PM] |
| Filing 4 NOTICE OF APPEARANCE by Mark William Olson for Appellee Idaho Department of Corrections Director replacing L. LaMont Anderson. [Entered: 06/24/2026 12:34 PM] |
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Filing 3
ORDER FILED. The notice of appeal was not filed within 30 days after the district court entered judgment on April 21, 2026. 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. Briefing is stayed. [Entered: 06/01/2026 11:58 AM]
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| Filing 2 COA SCHEDULE NOTICE. Needs a certificate of appealability. Date COA denied in DC: 4/21/2026. [Entered: 05/29/2026 03:45 PM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 1:26-cv-00033-BLW 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 26-3485 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: 05/29/2026 03:40 PM] |
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| Petitioner: COURTNEY ANNE KELTON | |
| Represented By: | Courtney Anne Kelton |
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| Respondent: IDAHO DEPARTMENT OF CORRECTIONS DIRECTOR, In His or Her Official Capacity as the Officer Asserting and Executing Custody Under Color of Idaho Judgment | |
| Represented By: | Mr. L. LaMont Anderson |
| Represented By: | Mark William Olson |
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