Geronino Villalobos v. David Shinn, et al
DAVID SHINN, Director and ATTORNEY GENERAL FOR THE STATE OF ARIZONA, named as Mark Brnovich |
GERONINO VILLALOBOS |
20-16078 |
June 2, 2020 |
U.S. Court of Appeals, Ninth Circuit |
Other |
Docket Report
This docket was last retrieved on June 9, 2020. A more recent docket listing may be available from PACER.
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Filing 4 Received copy of District Court order filed on 06/09/2020 denying a certificate of appealability. [11717050] (QDL) [Entered: 06/10/2020 09:13 AM] |
Filing 3 Filed Appellant Geronino Villalobos motion requesting jurisdiction of writ of habeas. Deficiencies: None. [11715662] (QDL) [Entered: 06/09/2020 10:41 AM] |
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. 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 Asrar, 116 F.3d at 1270. The Clerk shall send a copy of this order to the district court. (Pro Se) [11712690] (CKP) [Entered: 06/05/2020 01:22 PM] |
Filing 1 Open 9th Circuit docket. No COA order in district court. Record on appeal included: Yes. [11707932] (JMR) [Entered: 06/02/2020 10:06 AM] |
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