Downs v. White, et al.
| GREGORY DOWNS |
| Judge STEVE WHITE and Judge BUNMI AWONIYI |
| 26-4501 |
| July 15, 2026 |
| U.S. Court of Appeals, Ninth Circuit |
| Habeas Corpus |
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Filing 3
ORDER FILED. Appellants notice of appeal is not dated. The district court received it on July 8, 2026, more than 30 days after the district court entered judgment on May 29. 2026. See 28 U.S.C 2107(a); Fed. R. App. P. 4(a)(1)(A). A pro se prisoners notice of appeal is deemed filed when deposited in the institutions internal mail system if appellant submits sufficient evidence. See Fed. R. App. P. 4(c)(1); Houston v. Lack, 487 U.S. 266, 270 (1988). Within 21 days, appellant must file a declaration or notarized statement attesting to the date the notice of appeal was deposited and whether first-class postage was prepaid. See Fed. R. App. P. 4(c)(1); Douglas v. Noelle, 567 F.3d 1103 (9th Cir. 2009). If appellant does not do so, the court will dismiss this request for a certificate of appealability. See 9th Cir. R. 42-1. Briefing is stayed. The clerk will serve Form 33 Inmate Declaration of Timely Filing on appellant. [Entered: 07/16/2026 04:47 PM]
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| Filing 2 COA SCHEDULE NOTICE. Needs a certificate of appealability. Date COA denied in DC: 05/29/2026. [Entered: 07/15/2026 02:44 PM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 2:24-cv-03195-TLN-JDP 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 26-4501 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: 07/15/2026 02:40 PM] |
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