USA v. Masoud Bamdad
| MASOUD BAMDAD |
| UNITED STATES OF AMERICA |
| 19-55951 |
| August 14, 2019 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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This docket was last retrieved on September 16, 2019. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 6 Filed Appellant Masoud Bamdad response to order of August 30, 2019. Served on 09/10/2019. [11434750] (QDL) [Entered: 09/17/2019 03:36 PM] |
| Filing 5 Received copy of District Court order filed on 09/03/2019. [11428689] (JFF) [Entered: 09/11/2019 03:31 PM] |
| Filing 4 Received copy of District Court order filed on 09/03/2019. It is ordered that the Clerk of the District Court forward to the Ninth Circuit the record with the order denying the certificate.[11422422] (RL) [Entered: 09/05/2019 02:15 PM] |
| Filing 3 Filed order (Appellate Commissioner): The district court has not issued or declined to issue a certificate of appealability in this appeal of the district courts order entered on August 2, 2019 denying appellants Motion to Correct Miscarriage of Justice Pursuant to Extraordinary Writ of Audita Querela, which appears to arise under 28 U.S.C. 2255. 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); see also United States v. Winkles, 795 F.3d 1134, 1143 (9th Cir. 2015), cert. denied, 136 S. Ct. 2462 (2016). 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) [11417246] (CKP) [Entered: 08/30/2019 03:00 PM] |
| Filing 2 Filed Appellant Masoud Bamdad statement regarding certificate of appealability and his motion for correcting miscarriage of justice under common law of audita querela/errors and/or plain error. Deficiencies: None. Served on 08/20/2019. [11410679] (RL) [Entered: 08/26/2019 03:08 PM] |
| Filing 1 Open 9th Circuit docket. No COA order in district court. Record on appeal included: Yes. [11397737] (OC) [Entered: 08/14/2019 05:01 PM] |
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| Defendant / appellant: MASOUD BAMDAD | |
| Represented By: | Masoud Bamdad |
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| Plaintiff / appellee: UNITED STATES OF AMERICA | |
| Represented By: | Stephanie Christensen |
| Represented By: | Monica E. Tait |
| Represented By: | Lisa Eve Feldman |
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