Reginald Gardner, II v. State of Arizona, et al
| STATE OF ARIZONA, FRATERNAL ORDER OF POLICE, CHARLES L. RYAN, ATTORNEY GENERAL FOR THE STATE OF ARIZONA and UNKNOWN PARTY, named as Maricopa County Sheriff |
| REGINALD CHARLES GARDNER II |
| 19-17523 |
| December 18, 2019 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 6 Filed Appellant Reginald Charles Gardner, II motion entitled "Injunction for death threat". Deficiencies: None. [11578919] (RR) [Entered: 01/29/2020 04:59 PM] |
| Filing 5 Received copy of District Court order filed on 01/16/2020. The Court declines to issue a certificate of appealability because Petitioner has not demonstrated that reasonable jurists would find it debatable whether the Court was correct in its procedural rulings [11572396] (JFF) [Entered: 01/23/2020 03:47 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 from the denial of petitioners post-judgment motions. Cf. Lynch v. Blodgett, 999 F.2d 401, 403 (9th Cir. 1993) (certificate of probable cause to appeal necessary to appeal denial of post-judgment motion for relief under Rule 60(b)); Slack v. McDaniel, 529 U.S. 484, 482 (2000) (certificate of appealability is required to obtain appellate review of the district courts dismissal of a habeas corpus petition on procedural grounds); Jones v. Ryan, 733 F.3d 825, 832 & n.3 (9th Cir. 2013) (same). 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 judge. (Pro Se) [11561416] (CKP) [Entered: 01/14/2020 10:44 AM] |
| Filing 4 Received Appellant Reginald Charles Gardner, II notice regarding exhibits A-C and G. [11562273] (RR) [Entered: 01/14/2020 03:41 PM] |
| Filing 2 Filed Appellant Reginald Charles Gardner, II motion for injunction to stop harassment. Deficiencies: None. [11556645] (RR) [Entered: 01/09/2020 01:09 PM] |
| Filing 1 Open 9th Circuit docket. No COA order in district court. Record on appeal included: Yes. (Electronic: PACER) [11536820] (RT) [Entered: 12/18/2019 10:29 AM] |
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