Peter Cruz v. Brandon Price

Peter Cruz v. Brandon Price

Petitioner / Appellant:	PETER CASEY CRUZ
Respondent / Appellee:	BRANDON PRICE
Case Number:	19-16191
Filed:	June 11, 2019
Court:	U.S. Court of Appeals, Ninth Circuit
Nature of Suit:	Other

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Date Filed	Description
April 1, 2022	PETER CRUZ V. BRANDON PRICE

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Docket Report

This docket was last retrieved on July 17, 2019. A more recent docket listing may be available from PACER.

Date Filed	Document Text
July 17, 2019	Filing 2 Filed order (Appellate Commissioner): The district court has not issued or declined to issue a certificate of appealability in this habeas appeal, brought by a state detainee pending civil commitment proceedings under Californias Sexually Violent Predator Act. 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); Wilson v. Belleque, 554 F.3d 816 (9th Cir. 2009) (state pretrial detainee who seeks relief under section 2241 needs a certificate of appealability). 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 at 1270. The Clerk shall send a copy of this order to the district judge. (Pro Se) [11366470] (CKP) [Entered: 07/17/2019 12:01 PM]
June 11, 2019	Filing 1 Open 9th Circuit docket. No COA order in district court. Record on appeal included: Yes. (Electronic: PACER) [11327381] (RT) [Entered: 06/11/2019 03:51 PM]

Date Filed

Document Text

July 17, 2019

Filing 2 Filed order (Appellate Commissioner): The district court has not issued or declined to issue a certificate of appealability in this habeas appeal, brought by a state detainee pending civil commitment proceedings under Californias Sexually Violent Predator Act. 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); Wilson v. Belleque, 554 F.3d 816 (9th Cir. 2009) (state pretrial detainee who seeks relief under section 2241 needs a certificate of appealability). 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 at 1270. The Clerk shall send a copy of this order to the district judge. (Pro Se) [11366470] (CKP) [Entered: 07/17/2019 12:01 PM]

June 11, 2019

Filing 1 Open 9th Circuit docket. No COA order in district court. Record on appeal included: Yes. (Electronic: PACER) [11327381] (RT) [Entered: 06/11/2019 03:51 PM]

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Petitioner / appellant: PETER CASEY CRUZ
Represented By:	Peter Casey Cruz
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Respondent / appellee: BRANDON PRICE
Represented By:	Julie Anne Hokans
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