Simon v. Schultz, et al.
| MAR-NIQUE SIMON and Marnique Manuel Simon |
| Warden JASON SCHULTZ and DOMINGO URIBE, JR. |
| 26-4772 |
| July 27, 2026 |
| U.S. Court of Appeals, Ninth Circuit |
| Habeas Corpus |
Docket Report
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| Filing 8 CJA Counsel Appointment Counsel for Appellant James Scott Thomson Added. [Entered: 09/21/2026 10:31 AM] |
Filing 7
ORDER FILED. Lisa B. Fitzgerald, Appellate Commissioner. On August 24, 2026, the district court granted a certificate of appealability. This appeal will therefore proceed. The motion (Docket Entry No. 4) to appoint new counsel is granted. See 18 U.S.C. 3006A. Within 14 days of identifying counsel, the appointing authority for the Northern District of California is requested to send counsels contact information to [email protected]. The opening brief is due November 3, 2026. The answering brief is due December 3, 2026. The optional reply brief is due 21 days after the answering brief is served. The clerk will serve this order on appellant individually. [Entered: 09/09/2026 03:48 PM]
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| Filing 6 TERMINATED participation of Counsel for Appellant Richard Alan Tamor, representing Appellant Mar-Nique Simon. [Entered: 08/24/2026 09:05 AM] |
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Filing 5
ORDER FILED. Lisa B. Fitzgerald, Appellate Commissioner. The motion (Docket Entry No. 4) by Richard A. Tamor to withdraw as counsel is granted. See 9th Cir. R. 4-1(c). Appellant is proceeding without counsel. The motion for appointment of substitute counsel will be addressed by separate order. This case appears to arise under 28 U.S.C. 2254 and thus is subject to the requirements of 28 U.S.C. 2253(c). This case is remanded to the district court for the limited purpose of granting or denying a certificate of appealability at the courts earliest convenience. See 28 U.S.C. 2253(c); Fed. R. App. P. 22(b); United States v. Asrar, 116 F.3d 1268, 1270 (9th Cir. 1997). If the district court issues a certificate of appealability, the court should specify the issues that meet the required showing; if the district court declines to issue a certificate, the court is requested to state its reasons. See 28 U.S.C. 2253(c)(3); Asrar, 116 F.3d at 1270. The clerk will send a copy of this order to the district judge. The clerk will serve a copy of this order on appellant individually. [Entered: 08/24/2026 09:03 AM]
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| Filing 4 MOTION to Withdraw and for Appointment of New Counsel filed by Appellant Mar-Nique Simon. [Entered: 08/09/2026 07:05 PM] |
| Filing 3 COA SCHEDULE NOTICE. No COA order in district court. [Entered: 07/28/2026 11:12 AM] |
| Filing 2 VACATED AS ISSUED IN ERROR: COA SCHEDULE NOTICE. Needs a certificate of appealability. Date COA denied in DC: 03/09/2011. [COURT UPDATE: no COA ruling on order being appealed; court to issued corrected schedule notice] [Entered: 07/27/2026 12:59 PM] [Edited: 07/28/2026 11:11 AM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 3:09-cv-05859-VC 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 26-4772 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: 07/27/2026 12:14 PM] |
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