Carbajal v. Kernan
| FRANCISCO XAVIER CARBAJAL, JR. |
| SCOTT KERNAN |
| 26-3624 |
| June 4, 2026 |
| U.S. Court of Appeals, Ninth Circuit |
| Habeas Corpus |
Docket Report
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This docket was last retrieved on July 27, 2026. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 9 MOTION to Extend Time to Respond to Court Order filed by Appellant Francisco Xavier Carbajal. [Entered: 07/27/2026 03:44 PM] |
Filing 8
ORDER FILED. The notice of appeal was not deposited in the prisons internal mail system within 30 days after the district court entered the post-judgment order on February 2, 2026. See 28 U.S.C. 2107(a); Fed. R. App. P. 4(a)(1)(A), (c). The court may therefore lack jurisdiction over this appeal. 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). Appellants notice of appeal states that he submitted a motion to reopen the time to appeal to the district court, but that motion does not appear on the district court docket. Within 21 days, appellant must either file a motion to voluntarily dismiss this appeal or file a statement explaining why it should not be dismissed together with a copy of the motion to reopen the time to appeal appellant attempted to submit to the district court. If appellant does not do so, the court will dismiss the appeal. See 9th Cir. R. 42-1. If appellant files a statement, appellee may file a response within 10 days. [Entered: 07/07/2026 04:52 PM]
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| Filing 7 DOCUMENT SENT. Sent Appellant a copy of the docket sheet and the FRAP and Ninth Circuit rules in response to the request filed on 06-26-2026. [Entered: 06/26/2026 03:19 PM] |
| Filing 6 MOTION for Appointment of Counsel filed by Appellant Francisco Xavier Carbajal. [Entered: 06/26/2026 03:02 PM] |
| Filing 5 MOTION for Certificate of Appealability filed by Appellant Francisco Xavier Carbajal. [Entered: 06/26/2026 03:01 PM] |
| Filing 4 REQUEST for Public Information filed by Appellant Francisco Xavier Carbajal. [Entered: 06/26/2026 03:00 PM] |
| Filing 3 MOTION to Proceed In Forma Pauperis filed by Appellant Francisco Xavier Carbajal. [Entered: 06/22/2026 03:19 PM] |
| Filing 2 COA SCHEDULE NOTICE. No COA order in district court. [Entered: 06/04/2026 04:02 PM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 1:17-cv-01413-SKO 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 26-3624 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: 06/04/2026 03:51 PM] |
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| Petitioner: FRANCISCO XAVIER CARBAJAL, JR. | |
| Represented By: | Mr. Francisco Xavier Carbajal, Jr |
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| Respondent: SCOTT KERNAN | |
| Represented By: | Professor Lewis Albert Martinez |
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