Wells v. Breitenbach, et al.
| CHASE WELLS |
| NETHANJAH BREITENBACH and ATTORNEY GENERAL OF THE STATE OF NEVADA |
| 26-4442 |
| July 13, 2026 |
| U.S. Court of Appeals, Ninth Circuit |
| Habeas Corpus |
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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 June 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 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). 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: 07/14/2026 02:01 PM]
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| Filing 2 COA SCHEDULE NOTICE. Needs a certificate of appealability. Date COA denied in DC: 06/02/2026. [Entered: 07/13/2026 03:04 PM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 3:26-cv-00302-MMD-CLB 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 26-4442 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: 07/13/2026 03:01 PM] |
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