This case was last updated from PACER on 04/12/2020 at 06:05:26 (UTC).

Michael Wyatt v. John Sutton

Case Summary

On 02/12/2020 Michael Wyatt filed a Prisoner - Other Prisoner lawsuit against John Sutton. This case was filed in U.S. Courts Of Appeals, U.S. Court Of Appeals, Ninth Circuit. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    20-15203

  • Filing Date:

    02/12/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Prisoner - Other Prisoner

  • Court:

    U.S. Courts Of Appeals

  • Courthouse:

    U.S. Court Of Appeals, Ninth Circuit

 

Party Details

Petitioner / Appellant

MICHAEL EUGENE WYATT

Wasco, CA 93280-8800

Respondent / Appellee

JOHN SUTTON

Attorney/Law Firm Details

Petitioner / Appellant Attorneys

Michael Eugene Wyatt

Attorney at WSP - WASCO STATE PRISON

P.O. Box 8800

Wasco, CA 93280-8800

Mary E. Pougiales

1 Blackfield Drive

Belvedere Tiburon, CA 94920

Respondent / Appellee Attorneys

Gregory A. Ott

Attorney at AGCA - Office of the California Attorney General

455 Golden Gate Avenue

San Francisco, CA 94102

Alisha Mae Carlile

Attorney at AGCA - Office of the California Attorney General

455 Golden Gate Avenue

San Francisco, CA 94102

Peggy S. Ruffra Esquire

Attorney at AGCA - Office of the California Attorney General

455 Golden Gate Avenue

San Francisco, CA 94102

 

Court Documents

#11

(#11) Filed letter from pro se re: request for status - sent docket. Served on 03/29/2020. Deficiency: party has counsel. [11653531] (CW) [Entered: 04/07/2020 08:05 AM]

#9

(#9) Filed Appellant Michael Eugene Wyatt letter dated re: due process. Paper filing deficiency: None. [11635096] (JFF) [Entered: 03/19/2020 10:25 AM]

#8

RESTRICTED

#5

(#5) Received copy of District Court order filed on 03/12/2020 0 CJA appointment and authority to pay court appointed csl on appeal. [11628794] (CW) [Entered: 03/13/2020 08:57 AM]

#3

(#3) Filed Appellant Michael Eugene Wyatt response to 3/5/20 order (CJA 23). Served on 03/03/2020. [11626548] (CW) [Entered: 03/11/2020 02:44 PM]

#4

(#4) Filed Appellant Michael Eugene Wyatt letter dated 03/09/2020 re: issues on appeal. Paper filing deficiency: None. [11626567] (CW) [Entered: 03/11/2020 02:52 PM]

#2

Form CJA 23

2 #1

Main Document

1 #3

Case Opening Packet

1 #2

Notice to All Parties and Counsel

#1

Docketing Letter and Briefing Schedule

 

Docket Entries

  • 04/06/2020
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  • Docket(#11) Filed letter from pro se re: request for status - sent docket. Served on 03/29/2020. Deficiency: party has counsel. [11653531] (CW) [Entered: 04/07/2020 08:05 AM]

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  • 03/25/2020
  • Docket(#10) Criminal Justice Act electronic voucher created. (Counsel: Ms. Mary E. Pougiales for Michael Eugene Wyatt) [11641264] (DO) [Entered: 03/25/2020 10:30 AM]

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  • 03/18/2020
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  • Docket(#9) Filed Appellant Michael Eugene Wyatt letter dated re: due process. Paper filing deficiency: None. [11635096] (JFF) [Entered: 03/19/2020 10:25 AM]

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  • 03/17/2020
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  • Docket(#8) Filed Appellant Michael Eugene Wyatt (CJA 23). Deficiencies: None. [11635068] (JFF) [Entered: 03/19/2020 10:15 AM]

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  • 03/17/2020
  • Docket(#7) Received email notice of CJA counsel of record appointment. Mary E. Pougiales, Esq., appointed as counsel of record for appellant Michael Eugene Wyatt, in case 20-15203. [11632019] (DL) [Entered: 03/17/2020 09:24 AM]

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  • 03/16/2020
  • Docket(#6) Added ) Mary E. Pougiales, Esq., as appointed counsel of record for appellant Michael Eugene Wyatt, in case 20-15203. [11630831] (DL) [Entered: 03/16/2020 11:25 AM]

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  • 03/13/2020
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  • Docket(#5) Received copy of District Court order filed on 03/12/2020 0 CJA appointment and authority to pay court appointed csl on appeal. [11628794] (CW) [Entered: 03/13/2020 08:57 AM]

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  • 03/11/2020
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  • Docket(#3) Filed Appellant Michael Eugene Wyatt response to 3/5/20 order (CJA 23). Served on 03/03/2020. [11626548] (CW) [Entered: 03/11/2020 02:44 PM]

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  • 03/09/2020
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  • Docket(#4) Filed Appellant Michael Eugene Wyatt letter dated 03/09/2020 re: issues on appeal. Paper filing deficiency: None. [11626567] (CW) [Entered: 03/11/2020 02:52 PM]

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  • 03/05/2020
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  • Docket(#2) Filed order (Appellate Commissioner): The district court entered a final judgment and granted a certificate of appealability on December 5, 2019. Appellant filed a document entitled certificate of appealability in the district court on December 23, 2019. Appellants December 23, 2019 filing is the equivalent of a timely notice of appeal. See Tinsley v. Borg, 895 F.2d 520, 523 (9th Cir. 1990) (holding that a request for a certificate of probable cause can serve double duty as notice of appeal) (citation omitted). Accordingly, this appeal will proceed. The court has determined that the appointment of counsel in this appeal from the denial of a 28 U.S.C. 28 U.S.C. 2255 motion would benefit the courts review. See 18 U.S.C. 3006A(a)(2)(B); Weygandt v. Look, 718 F.2d 952, 954 (9th Cir. 1983). Counsel is appointed conditionally, subject to the applicant filing completed Form CJA 23 financial affidavit within 28 days after the filing date of this order. The Clerk shall electronically serve this order on the appointing authority for the Northern District of California, who will locate appointed counsel. The appointing authority shall send notification of the name, address, and telephone number of appointed counsel to the Clerk of this court at counselappointments@ca9.uscourts.gov within 14 days of locating counsel. The Clerk shall serve a Form CJA 23 on new counsel and on the applicant individually. New appointed counsel shall assist the applicant in completing and submitting the Form CJA 23 within 28 days after the filing date of this order. The opening brief and excerpts of record are due May 26, 2020; the answering brief is due June 25, 2020; and the optional reply brief is due within 21 days after service of the answering brief. (Pro Se) [11619912] (AF) [Entered: 03/05/2020 04:00 PM]

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  • 02/12/2020
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  • Docket(#1) DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant Michael Eugene Wyatt opening brief due 04/15/2020. Appellee John Sutton answering brief due 05/15/2020. Appellant's optional reply brief is due 21 days after service of the answering brief. [11594360] (RT) [Entered: 02/12/2020 09:26 AM]

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