USA v. Clifton Howard, III
| CLIFTON ELIAS HOWARD III, AKA Clifton Howard |
| UNITED STATES OF AMERICA |
| 19-16210 |
| June 14, 2019 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 6 Filed order (SANDRA S. IKUTA and N. RANDY SMITH) This appeal is from the district courts May 8, 2019, order, which resolved appellants pro se motions for reconsideration arising from the denial of his first 28 U.S.C. 2255 motion, including appellants contentions that he has been erroneously denied a certificate of appealability by the district court and this court. Appellants second, authorized section 2255 motion remains pending in the district court and is not the subject of this appeal. The request for a certificate of appealability (Docket Entry No. [ # 3 ]) is denied because appellant has not shown that (1) jurists of reason would find it debatable whether the district court abused its discretion in denying the Rule 60(b) motion and, (2) jurists of reason would find it debatable whether the underlying section 2255 motion states a valid claim of the denial of a constitutional right. United States v. Winkles, 795 F.3d 1134, 1143 (9th Cir. 2015), cert. denied 136 S. Ct. 2462 (2016); see also 28 U.S.C. 2253(c)(2); Slack v. McDaniel, 529 U.S. 473, 484 (2000). Any pending motions are denied as moot. DENIED.[11372135] (JBS) [Entered: 07/22/2019 03:16 PM] |
| Filing 5 Terminated Yasin M. Almadani for USA in 19-16210, Dawrence Wayne Rice Jr. for USA in 19-16210 [11359645] (CW) [Entered: 07/10/2019 02:43 PM] |
| Filing 4 Filed (ECF) Notice of withdrawal of counsel. Filed by Mr. Yasin M. Almadani for Appellee USA and Mr. Dawrence Wayne Rice, Jr., Esquire for Appellee USA. Party proceeding without counsel: No. Date of service: 07/10/2019. [11359587] [19-16210] (Servatius, Kathleen) [Entered: 07/10/2019 02:21 PM] |
| Filing 3 Filed Appellant Clifton Elias Howard, III pro se motion for certificate of appealability. Served on 07/03/2019. Deficiency: party has counsel. [11357334] (CW) [Entered: 07/09/2019 07:20 AM] |
| Filing 2 Criminal Justice Act electronic voucher created. (Counsel: Ms. Katherine L. Hart for Clifton Elias Howard, III) [11337421] (TG) [Entered: 06/19/2019 01:31 PM] |
| Filing 1 Open 9th Circuit docket. No COA order in district court. Record on appeal included: Yes. (Appeal filed Pro Se, Counsel still appointed) [11332675] (HC) [Entered: 06/14/2019 04:52 PM] |
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