Garcia

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 DARONTA TYRONE LEWIS, No. 2:20-cv-00399-TLN-DMC Plaintiff, v. ORDER P. GARCIA, JACKSON, BARUN, FIGUEROA, LAZO, and YANG, 15 Defendants.

17 This matter is before the Court on remand from the Ninth Circuit regarding Plaintiff Daronta Tyrone Lewis’s (“Plaintiff”) Notice of Appeal (ECF No. 15), in which he alleges he did not receive notice of entry of judgment. (See ECF No. 20 at 1.) Construing Plaintiff’s Notice of Appeal as a Motion to Reopen the Time to Appeal pursuant to Federal Rule of Appellate Procedure (“Rule”) 4(a)(6), the Ninth Circuit stayed proceedings in the pending appeal and remanded the matter to this Court for the limited purpose of resolving the Motion to Reopen. (See ECF No. 20 (citing U.S. v. Withers, 638 F.3d 1055 (9th Cir. 2011).) After carefully considering the Ninth Circuit’s instructions and Plaintiff’s arguments, the Court GRANTS Plaintiff’s Motion. /// /// I. FACTUAL AND PROCEDURAL BACKGROUND …