Ronald Brekke v. USA

Ronald Brekke v. USA

Petitioner / Appellant:	RONALD L BREKKE
Respondent / Appellee:	UNITED STATES OF AMERICA
Case Number:	19-35695
Filed:	August 16, 2019
Court:	U.S. Court of Appeals, Ninth Circuit
Nature of Suit:	Other

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Docket Report

This docket was last retrieved on September 16, 2019. A more recent docket listing may be available from PACER.

Date Filed	Document Text
September 16, 2019	Filing 2 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 motion for relief from judgment pursuant to Federal Rule of Civil Procedure 60(b) in section 2255 proceedings. See United States v. Winkles, 795 F.3d 1134, 1142 (9th Cir. 2015), cert. denied, 136 S. Ct. 2462 (2016) (certificate of appealability is required to appeal the denial of a Rule 60(b) motion arising out of the denial of a section 2255 motion). 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. (Pro Se) [11432626] (CKP) [Entered: 09/16/2019 12:33 PM]
August 16, 2019	Filing 1 Open 9th Circuit docket. No COA order in district court. Record on appeal included: Yes. [11399574] (JMR) [Entered: 08/16/2019 10:01 AM]

Date Filed

Document Text

September 16, 2019

Filing 2 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 motion for relief from judgment pursuant to Federal Rule of Civil Procedure 60(b) in section 2255 proceedings. See United States v. Winkles, 795 F.3d 1134, 1142 (9th Cir. 2015), cert. denied, 136 S. Ct. 2462 (2016) (certificate of appealability is required to appeal the denial of a Rule 60(b) motion arising out of the denial of a section 2255 motion). 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. (Pro Se) [11432626] (CKP) [Entered: 09/16/2019 12:33 PM]

August 16, 2019

Filing 1 Open 9th Circuit docket. No COA order in district court. Record on appeal included: Yes. [11399574] (JMR) [Entered: 08/16/2019 10:01 AM]

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Petitioner / appellant: RONALD L BREKKE
Represented By:	Ronald L. Brekke
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Respondent / appellee: UNITED STATES OF AMERICA
Represented By:	Thomas Merton Woods Esquire
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