USA v. Raymond Bingham
| UNITED STATES OF AMERICA |
| RAYMOND BINGHAM |
| 11-55349 |
| March 4, 2011 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 9 Filed order (STEPHEN S. TROTT and WILLIAM A. FLETCHER) The request for a certificate of appealability is denied. See 28 U.S.C. 2253(c)(2). All pending motions, if any, are denied as moot. [8176958] (WL) [Entered: 05/14/2012 02:56 PM] |
| Filing 8 Received notice of change of address dated 10/03/2011 from Raymond Bingham. Current new address: USP - UNITED STATES PENITENTIARY ( VICTORVILLE) U.S. Penitentiary P.O. Box 5300 Adelanto, CA 92301. [7924072] (JFF) [Entered: 10/12/2011 09:55 AM] |
| Filing 7 Received original and 7 copies of Appellant Raymond Bingham opening brief (Informal: Yes) 5 pages. Served on 08/10/2011. Major deficiencies: fee due, motion pending. Other deficiencies: New briefing as not been set. . [7863676] (FT) [Entered: 08/18/2011 04:49 PM] |
| Filing 6 Received notice of change of address dated 06/07/2011 from Raymond Bingham. Current new address: #96859-012, P.O. Box 5300, U.S. Penitentiary, Adelanto, CA 92301-5155. [7782418] (BY) [Entered: 06/13/2011 07:58 AM] |
| Filing 5 Received copy of District Court order filed on 05/25/2011 Denied certificate of appealability. [7767589] (JFF) [Entered: 05/27/2011 04:14 PM] |
| Filing 4 Filed Appellant Raymond Bingham motion to proceed In Forma Pauperis. Served on 04/14/2011. [7732051] (Turcios, Margoth) [Entered: 04/27/2011 02:12 PM] |
| Filing 3 Filed order (Appellate Commissioner) The district court has not issued or declined to issue a certificate of appealability in this appeal, which appears to arise under 28 U.S.C. 2255. See Porter v. Adams, 244 F.3d 1006 (9th Cir. 2001) (certificate of appealability required where 28 U.S.C. 2241 petition attacks conviction or sentence, even if it was not construed as section 2255 motion by district court). Accordingly, pursuant to circuit court policy, this case is remanded to the district court for the limited purpose of granting or denying a certificate of appealability at the court's earliest convenience. See 28 U.S.C. 2253(c); Fed. R. App. P. 22(b); United States v. Asrar, 116 F.3d 1268, 1270 (9th Cir. 1997). If the district court issues a certificate of appealability, the court should specify which issue or issues meet the required showing. See 28 U.S.C. 2253(c)(3); Asrar, 116 F.3d at 1270. Under Asrar, if the district court declines to issue a certificate, the court should state its reasons why a certificate of appealability should not be granted, and the clerk of the district court shall forward to this court the record with the order denying the certificate. See Fed. R. App. P. 22(b)(1); Asrar, 116 F.3d 1270. A new briefing schedule will be established after resolution of the certificate of appealability issue. The Clerk shall send a copy of this order to the district court judge. (Pro Se) [7723730] (CKP) [Entered: 04/20/2011 12:52 PM] |
| Filing 1 Open 9th Circuit docket. No COA order in district court. Record on appeal included: No. [7667907] (BG) [Entered: 03/04/2011 08:11 AM] |
| Filing 2 Filed Appellant Raymond Bingham motion to proceed In Forma Pauperis. no proof of service. [7670369] (JFF) [Entered: 03/07/2011 10:46 AM] |
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| Plaintiff / appellee: UNITED STATES OF AMERICA | |
| Represented By: | Jean-Claude Andre |
| Represented By: | Angela Scott |
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| Defendant / appellant: RAYMOND BINGHAM | |
| Represented By: | Raymond Bingham |
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