Whether a pro se litigant's 'Notice of Appeal' constitutes a liberally-construed 'Motion to Reopen Time to File' as well as a 'Notice of Appeal

ISSUES PRESENTED . : : . Appellate Rule of Procedure 4(a)(6)(b) allows for reopening the time to file a notice of appeal for cause. : It requires a motion and specific findings, and an order, but is about the form of reporting each. This Court is respectfully asked to clarify the following: : : ’ 1. Whether a pro se litigant's "Notice of Appeal” explaining why he submitted out of time constitutes a ‘ : liberally-construed "Motion to Reopen Time to File" as well as a "Notice of Appeal"; ; : 2. Whether the district court's ruling on the motion for Certificates ‘of Appeatability indicated the district court ; was vested with the jurisdiction necessary to issue the order on that motion, indicating the Motion to Reopen . . was decided in Appellant's favor; . : : : . 3. Whether the Appellate Court's apparent determination that the ‘Notice of Appeal was procedurally deficient : and thus the Appellate Court lacked jurisdiction was improper when it could have remanded for clarification; . 4, Whether the procedural deficiencies could have been resolved in the pro se.appellant's favor on. appeal since , mc the facts satisfied the criteria for reopening the time to file and this matter was adequately briefed, or whether, —in the alternative, the Appellate Court should have remanded back to the district court for clarification? LIST OF INTERESTED PARTIES ) , , : The following have an interest in the outcome of this Petition: So , _ Magistrate Judge Micaela Alvarez beng ee ne ep te eee AUSA Benavidez 7 me District Judge Rardy Coane . | oo : Appellate Judge Duncan | : | ; : ; Attorney Rick Salinas : ; a — : a Magistrate Judge Scott Hacker . ’ : ; Appellate Judge Higginbotham 7 . : Attomey Samual Jarvis AUSA Leo James Leo, II! : : : . Appellate Judge Cory T. Wilson : , nO ; . . PETITION FOR WRIT OF CERTIORARI . ; : , ; ; OPINIONS AND RULINGS BELOW . . , : Itis not known if the opinion of the Court of Appeals will be reported.. The appellate court's ruling is in _ the