Todd Smith v. Barbara von Blanckensee
Petitioner / Appellant: TODD C. SMITH
Respondent / Appellee: BARBARA VON BLANCKENSEE
Case Number: 20-15551
Filed: March 31, 2020
Court: U.S. Court of Appeals, Ninth Circuit
Nature of Suit: Other

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Date Filed Description
June 24, 2021 TODD SMITH V. BARBARA VON BLANCKENSEE

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Docket Report

This docket was last retrieved on May 11, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 11, 2020 Filing 8 Sent Appellant a copy of the FRAP and Ninth Circuit rules in response to his letter of request filed on 05/11/2020. [11687085] (JR) [Entered: 05/11/2020 04:01 PM]
May 11, 2020 Filing 7 Filed Appellant Todd C. Smith letter dated 04/30/2020 re: Request for rules book. Paper filing deficiency: None. [11687034] (RL) [Entered: 05/11/2020 03:50 PM]
May 11, 2020 Filing 6 Filed Appellant Todd C. Smith application for issuance of a certificate of appealability. Deficiencies: None. Served on 05/04/2020. [11687019] (RL) [Entered: 05/11/2020 03:48 PM]
May 11, 2020 Filing 5 Filed Appellant Todd C. Smith CJA 23 financial affidavit. Deficiencies: None. Served on 04/30/2020. [11687004]--[Edited:locked PDF. 05/11/2020 by SLM] (RL) [Entered: 05/11/2020 03:45 PM]
May 11, 2020 Filing 4 Filed Appellant Todd C. Smith FORM 24 motion for appointment of counsel. Deficiencies: None. Served on 04/30/2020. [11686999] (RL) [Entered: 05/11/2020 03:43 PM]
April 10, 2020 Filing 3 Received copy of District Court order filed on 04/09/2020 ORDER. IT IS ORDERED (1) A Certificate of Appealability is denied and shall not issue. (2) The Clerk of the Court shall provide a copy of this Order to the United States Court of Appeals for the Ninth Circuit. [11657702] (RL) [Entered: 04/10/2020 01:54 PM]
April 7, 2020 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 under 28 U.S.C. 2255. See Porter v. Adams, 244 F.3d 1006 (9th Cir. 2001) (certificate of appealability required where 28 U.S.C. 2241 petition attacks conviction or sentence, even if it was not construed as section 2255 motion by district court). 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 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). 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 court judge. (Pro Se) [11653559] (CKP) [Entered: 04/07/2020 08:37 AM]
March 31, 2020 Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant Todd C. Smith opening brief due 06/02/2020. Appellee Barbara von Blanckensee answering brief due 07/02/2020. Appellant's optional reply brief is due 21 days after service of the answering brief. [11646705] (RT) [Entered: 03/31/2020 09:19 AM]

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Petitioner / appellant: TODD C. SMITH
Represented By: Todd C. Smith
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Respondent / appellee: BARBARA VON BLANCKENSEE
Represented By: Katherine Vail Foss
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