Alan Bartlett v. Paul Penzone, et al
| PAUL PENZONE and ATTORNEY GENERAL FOR THE STATE OF ARIZONA |
| ALAN M. BARTLETT |
| 19-17512 |
| December 17, 2019 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 4 Received copy of District Court order filed on 01/31/2020 declining to issue a COA. [11584594] (CW) [Entered: 02/04/2020 11:14 AM] |
| Filing 3 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 pretrial detainee. 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) [11569430] (CKP) [Entered: 01/22/2020 08:47 AM] |
| Filing 2 Filed Appellant Alan M. Bartlett in 19-17484, 19-17512 motion to consolidate. Deficiencies: None. Served on 12/25/2019. [11553651] [19-17484, 19-17512] (CW) [Entered: 01/07/2020 02:03 PM] |
| Filing 1 Open 9th Circuit docket. No COA order in district court. Record on appeal included: Yes. [11535619] (JMR) [Entered: 12/17/2019 02:24 PM] |
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