Patrick Hirt v. Nathan Sickler
| PATRICK KEITH HIRT |
| NATHAN SICKLER, Sheriff |
| 19-35339 |
| April 24, 2019 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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This docket was last retrieved on June 17, 2019. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 6 Filed Appellant Patrick Keith Hirt letter dated 06/10/2019 re: case status and case information. Paper filing deficiency: None. [11336325] (JFF) [Entered: 06/18/2019 04:23 PM] |
| Filing 5 Filed Appellant Patrick Keith Hirt motion to reconsider. Deficiencies: None. Served on 05/05/2019. [11296573] (JFF) [Entered: 05/14/2019 11:20 AM] |
Filing 4
Received copy of District Court order filed on 04/30/2019. Order: Denying a Certificate of Appealability on the basis that petitioner has not made a substantial showing of the denial of a constitutional right pursuant to 28 U.S.C. 2253(c)(2). Ordered by Judge Michael J. McShane.(Mailed to Pro Se party on 4/30/2019.) [11282695] (JFF) [Entered: 04/30/2019 04:47 PM]
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| 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) [11282185] (CKP) [Entered: 04/30/2019 12:32 PM] |
| Filing 2 Received copy of amended notice of appeal from district court. [11277865] (JFF) [Entered: 04/25/2019 04:13 PM] |
| Filing 1 Open 9th Circuit docket. No COA order in district court. Record on appeal included: Yes. (Electronic: PACER) [11275926] (RT) [Entered: 04/24/2019 02:54 PM] |
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| Petitioner / appellant: PATRICK KEITH HIRT | |
| Represented By: | Patrick Keith Hirt |
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| Respondent / appellee: NATHAN SICKLER, Sheriff | |
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