David Sudduth v. Arizona Attorney Gen. William Gasper, Warden, 921 F.2d 206 (9th Cir. 1990). · Go Syfert
David Sudduth v. Arizona Attorney Gen. William Gasper, Warden, 921 F.2d 206 (9th Cir. 1990). Cases Citing This Book View Copy Cite
12 citation events (4 in the last 25 years) across 1 distinct court.
Top citers, strongest first. 9 distinct citers. How cited ↗
cited Cited as authority (rule) Patrick Koontz v. Max Williams
9th Cir. · 2013 · confidence medium
Gen., 921 F.2d 206, 207 (9th Cir.1990) (order).
cited Cited as authority (rule) Frank Huizar v. Tom Carey
9th Cir. · 2001 · confidence medium
Gen., 921 F.2d 206, 207 (9th Cir.1990) (citing Miller v. Sumner, 872 F.2d 287 (9th Cir.1989)).
discussed Cited as authority (rule) Mark Koch v. James G. Ricketts (2×) also: Cited "see"
9th Cir. · 1995 · confidence medium
Fed.R.App.P. 4(a); Sudduth v. Arizona Attorney Gen., 921 F.2d 206, 206-207 (9th Cir.1990).
discussed Cited as authority (rule) United States v. Robert James Miller
9th Cir. · 1992 · confidence medium
See Houston v. Lack, 487 U.S. 266, 276 (1988); Sudduth v. Gasper, 921 F.2d 206, 207 (9th Cir.1980). 4 We also reject Miller's arguments that the district court's sentence on remand was mechanical, vindictive or coercive.
discussed Cited as authority (rule) United States v. William A. Harvey
9th Cir. · 1992 · confidence medium
Uzelac, 921 F.2d at 206; 18 U.S.C. § 3742 (e)(4) ("The court of appeals shall give due regard to the opportunity of the district court to judge the credibility of the witnesses, and shall accept the findings of fact of the district court unless they are clearly erroneous and shall give due deference to the district court's application of the guidelines to the facts."). 61 Harvey presented some evidence that he used the weapon for sporting purposes.
cited Cited "see" Stafford B. Davis v. Jeanne S. Woodford, Director, California Department of Corrections
9th Cir. · 2006 · signal: see · confidence high
See Sudduth v. Ariz. Attorney Gen., 921 F.2d 206, 207 (9th Cir.1990) (published order) (declining to remand to the district court for a determination of timeliness).
cited Cited "see" Davis v. Woodford
9th Cir. · 2006 · signal: see · confidence high
See Sudduth v. Ariz. Attorney Gen., 921 F.2d 206, 207 (9th Cir. 1990) (published order) (declining to remand to the district court for a determination of timeliness).
cited Cited "see" John Brown v. Brenda Burns, Warden, Nncc
9th Cir. · 1993 · signal: see · confidence high
See Sudduth v. Arizona Attorney General, 921 F.2d 206 (9th Cir.1990).
discussed Cited "see" Robert Lough v. Dennis Morrisette Sgt. Bowman Lawrence Kincheloe
9th Cir. · 1992 · signal: see · confidence high
See Sadduth v. Arizona Attorney General, 921 F.2d 206, 207 (CA9 1990) (order) 2 Because prisoners in Washington state are only afforded the possibility of earning "good time" credits, see Washington DOC Policy Directive 350.100, we also reject Lough's contention that he has a liberty interest in protecting his opportunity to receive these credits.
Retrieving the full opinion text from the archive…
David SUDDUTH, Petitioner-Appellant,
v.
ARIZONA ATTORNEY GENERAL; William Gasper, Warden, Respondents-Appellees
90-15926.
Court of Appeals for the Ninth Circuit.
Dec 10, 1990.
921 F.2d 206
Tang, Farris.
Cited by 10 opinions  |  Published

ORDER

The district court order denying appellant’s petition for a writ of habeas corpus was entered on the docket on May 11, 1990. Appellant’s notice of appeal from that order was dated June 8, 1990, but was not filed until June 12, 1990. Thus, the notice[*207] of appeal was not filed within 30 days of the entry of the judgment, as required under Fed.R.App.P. 4(a).

Because appellant is a pro se prisoner, however, his notice of appeal is deemed filed when it was delivered to prison authorities for forwarding to the court. See Houston v. Lack, 487 U.S. 266, 108 S.Ct. 2379, 2382, 101 L.Ed.2d 245 (1988). Ordinarily, we will remand to the district court for the limited purpose of enabling that court to determine when the prisoner delivered the notice of appeal to prison authorities. See Miller v. Sumner, 872 F.2d 287 (9th Cir.1989); Miller v. Sumner, 921 F.2d 202 (9th Cir.1990).

However, under the facts of this case, such a remand is unnecessary. Because appellant’s notice of appeal was filed in the district court on the 31st day after entry of the order dismissing his petition, it must have been delivered to prison officials within 30 days. Otherwise, the notice of appeal could not have reached the district court in time to be filed on the 31st day. We decline to remand this case to the district court to require it to repeat this rudimentary calculation. Accordingly, we deem appellant’s notice of appeal to be timely. We further note that remands pursuant to Miller could be greatly reduced if prisons implemented a system whereby a prisoner’s notice of appeal is stamped with the date it is received by prison authorities.

Appellant’s motion “for judgment by default” is denied. Because there is no appearance by appellees, this case is deemed ready to calendar.