Derrick Johnson v. Scott Kernan
| DERRICK LYNN JOHNSON |
| SCOTT KERNAN |
| 19-15162 |
| January 29, 2019 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Document Text |
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| Filing 5 Received copy of District Court order filed on 03/21/2019 ORDER denying certificate of appealability. [11242583] (RL) [Entered: 03/26/2019 11:47 AM] |
| Filing 4 Mail returned on 02/28/2019 addressed to Derrick Lynn Johnson, re: 02/06/2019 order [ # 2 ]. Returned envelope notes: refused, return to sender, inmate refused delivery. Resending to: case files; appellant has refused delivery twice. [11213256] (LA) [Entered: 03/01/2019 02:10 PM] |
| Filing 3 Mail returned on 02/15/2019 addressed to Derrick Lynn Johnson, re: 02/06/2019 order [ # 2 ]. Returned envelope notes: return to sender, inmate refused delivery. Resending to: KVSP - KERN VALLEY STATE PRISON, Facility D, P.O. Box 5104, Delano, CA 93216-5104. [11195038] (LA) [Entered: 02/15/2019 02:12 PM] |
| Filing 2 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. 2254. Accordingly, this case is remanded to the district court for the limited purpose of granting or denying a certificate of appealability at the courts 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 Asrar, 116 F.3d at 1270. The Clerk shall send a copy of this order to the district court. (Pro Se) [11180775] (CKP) [Entered: 02/06/2019 10:32 AM] |
| Filing 1 Open 9th Circuit docket. No COA order in district court. Record on appeal included: Yes. [11171467] (JBS) [Entered: 01/29/2019 02:07 PM] |
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| Petitioner / appellant: DERRICK LYNN JOHNSON | |
| Represented By: | Derrick Lynn Johnson |
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| Respondent / appellee: SCOTT KERNAN | |
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