Cruz-Robles v. US
| REYNALDO CRUZ-ROBLES |
| UNITED STATES |
| 19-2147 |
| November 12, 2019 |
| U.S. Court of Appeals, First Circuit |
| Other |
Docket Report
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ORDER entered. This court has docketed petitioners appeal from the denial of his motion to vacate sentence under 28 U.S.C. 2255. The case cannot go forward unless a certificate of appealability issues. 28 U.S.C. 2253. The district court declined to issue a certificate of appealability on November 15, 2019. Petitioner-appellant was ordered to file a memorandum requesting issuance of a certificate of appealability in this court by December 18, 2019 and warned that if no memorandum was filed, the case would be submitted to the court for a determination as to whether a certificate should issue. As of this date, no memorandum has been filed. However, this court cannot make a certificate of appealability determination until appellant either pays the docketing fee or moves for in forma pauperis status in accordance with Fed. R. App. P. 24. Petitioner-appellant is advised that by January 22, 2020, he must either 1) pay the $505 fee to the district court, or 2) file in the district court a motion to proceed in forma pauperis accompanied by Form 4, Financial Affidavit, and prison trust account statement, if incarcerated. See Fed. R. App. P. 24; Form 4. A copy of Form 4 is enclosed for petitioner-appellant. If petitioner-appellant does not notify this court that he has paid the fee, or if he does not file a motion to proceed in forma pauperis on or before January 22, 2020, his appeal may be dismissed pursuant to 1st Cir. R. 3.0(b). If petitioner-appellant timely pays the filing fee or moves for in forma pauperis status on appeal and is granted such status, the case will be submitted to this court for a determination whether a certificate should issue. If a certificate is denied, the appeal will be terminated. [19-2147] (GAK) [Entered: 12/23/2019 03:30 PM]
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| NOTICE of appearance on behalf of Appellee US filed by Attorney Mariana E. Bauza. Certificate of service dated 11/22/2019. [19-2147] (MEB) [Entered: 11/22/2019 04:44 PM] |
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ORDER directing petitioner to file a request for a certificate of appealabilty in this court by 12/18/2019. Date of denial by district court: November 15, 2019. [19-2147] (GAK) [Entered: 11/18/2019 10:48 AM]
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SUPPLEMENTAL record filed. Docket entries: 25 (Electronic Order entered on November 15, 2019 by Judge Garcia-Gregory denying a certificate of appealability). [19-2147] (GAK) [Entered: 11/18/2019 10:43 AM]
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| CORRECTED ORDER* Pursuant to Rule 11(a) of the Rules Governing Section 2255 Proceedings, "the district court must issue or deny a certificate of appealability when it enters a final order adverse to the applicant." On September 26, 2019, the district court entered a final order adverse to the petitioner but failed to address whether a certificate of appealability would issue. The district court is requested to issue or deny a certificate of appealability within two weeks of the date of this order and to forward its decision to this court. *Corrected Order issued to amend typographical error. [19-2147] (KPC) [Entered: 11/15/2019 04:43 PM] |
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ORDER entered: This court has docketed petitioner-appellant Reynaldo Cruz-Robles's appeal from the judgment entered on September 26, 2019 in No. 3:16-cv-01955-JAG (D.P.R.) as Appeal No. 19-2147. The notice of appeal was not signed. While Fed. R. Civ. P. 11(a) and Fed. R. App. P. 1(a)(2) require that a notice of appeal be signed by an attorney or pro se party, this requirement is not jurisdictional and may be cured. Accordingly, we transmit the notice of appeal to petitioner-appellant Reynaldo Cruz-Robles and direct that he return a signed copy to this court. The failure by the appellant to return a signed copy of the notice of appeal on or before December 6, 2019 may lead to dismissal of him appeal for lack of diligent prosecution. [19-2147] (KPC) [Entered: 11/15/2019 12:51 PM]
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ORDER directing district court to issue or deny a certificate of appealability. [19-2147] (KPC) [Entered: 11/15/2019 12:56 PM]
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| CORRECTED ORDER* directing district court to issue or deny a certificate of appealability. *Corrected Order issued to amend service list. [19-2147] (KPC) [Entered: 11/15/2019 01:00 PM] |
| CIVIL CASE docketed. Notice of appeal (doc. #21) filed by Appellant Reynaldo Cruz-Robles. Fee due 11/26/2019. [19-2147] (KPC) [Entered: 11/12/2019 09:37 AM] |
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| Petitioner / appellant: REYNALDO CRUZ-ROBLES | |
| Represented By: | Reynaldo Cruz-Robles |
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| Respondent / appellee: UNITED STATES | |
| Represented By: | Thomas F. Klumper |
| Represented By: | Mariana E. Bauza Almonte |
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