Alan Bartlett v. Paul Penzone, et al
| PAUL PENZONE and ATTORNEY GENERAL FOR THE STATE OF ARIZONA |
| ALAN M. BARTLETT |
| 20-15933 |
| May 15, 2020 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 15 Filed order (BARRY G. SILVERMAN and DANIEL P. COLLINS) The request for a certificate of appealability (Docket Entry No. [ # 11 ]) is denied because appellant has not shown that jurists of reason would find it debatable whether the petition states a valid claim of the denial of a constitutional right and that jurists of reason would find it debatable whether the district court was correct in its procedural ruling. Slack v. McDaniel, 529 U.S. 473, 484 (2000); see also 28 U.S.C. 2253(c)(2); Gonzalez v. Thaler, 565 U.S. 134, 140-41 (2012); Wilson v. Belleque, 554 F.3d 816, 825-26 (9th Cir. 2009). Any pending motions are denied as moot. DENIED. [11750494] (WL) [Entered: 07/13/2020 11:58 AM] |
| Filing 14 Received copy of District Court order filed Court declines to issue a certificate of appealability. [11747996] (JFF) [Entered: 07/09/2020 04:40 PM] |
| Filing 13 Received copy of District Court order filed on 07/06/20 ORDER. [11745673] (JFF) [Entered: 07/08/2020 10:16 AM] |
| Filing 12 Filed Appellant Alan M. Bartlett motion to extend time. Deficiencies: None. [11744851] (JFF) [Entered: 07/07/2020 02:58 PM] |
| Filing 11 Filed Appellant Alan M. Bartlett motion for certificate of appealability. Deficiencies: None. [11744845] (JFF) [Entered: 07/07/2020 02:57 PM] |
| Filing 10 Filed Appellant Alan M. Bartlett motion to extend time . Deficiencies: None. [11723721] (JFF) [Entered: 06/16/2020 02:01 PM] |
| Filing 9 Filed Appellant Alan M. Bartlett motion challenging court order remanding to the district court (document formatted on FORM 28). Deficiencies: None. Served on 06/04/2020. [11720731] (RL) [Entered: 06/12/2020 04:22 PM] |
| Filing 8 Received copy of amended notice of appeal from district court. [11719760] (JFF) [Entered: 06/12/2020 09:15 AM] |
| Filing 7 Streamlined request by Appellant Alan M. Bartlett to extend time to file the brief is not approved because it is unnecessary. The briefing schedule is stayed. See 9th Cir. R. 27-11. [11708387] (BG) [Entered: 06/02/2020 12:38 PM] |
| Filing 6 Filed Appellant Alan M. Bartlett letter dated re: request docket sheet (sent copy). Paper filing deficiency: None. [11708094] (JFF) [Entered: 06/02/2020 11:08 AM] |
| Filing 5 Filed Appellant Alan M. Bartlett motion production of records. Deficiencies: None.. [11708090] (JFF) [Entered: 06/02/2020 11:05 AM] |
| Filing 4 Filed Appellant Alan M. Bartlett motion to proceed In Forma Pauperis. Deficiencies: None. Served on 05/21/2020. [11708067] (JFF) [Entered: 06/02/2020 10:58 AM] |
| Filing 3 Filed Appellant Alan M. Bartlett motion to appoint counsel. Deficiencies: None. [11708053] (JFF) [Entered: 06/02/2020 10:55 AM] |
| Filing 2 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) [11703468] (CKP) [Entered: 05/28/2020 09:28 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCE OF PRO SE APPELLANT AND NO APPEARANCE FOR APPELLEES. SEND MQ: No. The schedule is set as follows: Appellant Alan M. Bartlett opening brief due 07/22/2020. [11692006] (RT) [Entered: 05/15/2020 10:29 AM] |
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