Nicholas Trammell v. People of the State of CA
| NICHOLAS KENNETH TRAMMELL |
| PEOPLE OF THE STATE OF CALIFORNIA |
| 20-17256 |
| November 17, 2020 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 4 Received copy of District Court order filed on 01/12/2021 ORDER on remand; denying certificate of appealability. Based on the foregoing, the Court finds that Petitioner 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). Accordingly, a certificate of appealability is DENIED. The Clerk shall send a copy of this order to the Ninth Circuit and to Petitioner. IT IS SO ORDERED. [11962323] (RL) [Entered: 01/13/2021 12:49 PM] |
| Filing 3 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 district courts August 12, 2020 post-judgment order. See Lynch v. Blodgett, 999 F.2d 401, 403 (9th Cir. 1993) (certificate of probable cause to appeal necessary to appeal denial of post-judgment motion for relief under Rule 60(b)). 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 judge. (Pro Se) [11958091] (CKP) [Entered: 01/10/2021 01:59 PM] |
| Filing 2 Received copy of amended notice of appeal from district court. [11896322] (JBS) [Entered: 11/17/2020 03:14 PM] |
| Filing 1 Open 9th Circuit docket. No COA order in district court. Record on appeal included: Yes. [11896262] (JBS) [Entered: 11/17/2020 03:10 PM] |
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| Petitioner / appellant: NICHOLAS KENNETH TRAMMELL | |
| Represented By: | Nicholas Kenneth Trammell |
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| Respondent / appellee: PEOPLE OF THE STATE OF CALIFORNIA | |
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