USA v. Jose Vazquez-Barron

USA v. Jose Vazquez-Barron

Defendant / Appellant:	JOSE VAZQUEZ-BARRON, AKA Chepa
Plaintiff / Appellee:	UNITED STATES OF AMERICA
Case Number:	20-17263
Filed:	November 18, 2020
Court:	U.S. Court of Appeals, Ninth Circuit
Nature of Suit:	Other

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Docket Report

This docket was last retrieved on November 20, 2020. A more recent docket listing may be available from PACER.

Date Filed	Document Text
November 20, 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. 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) [11901473] (CKP) [Entered: 11/20/2020 02:22 PM]
November 18, 2020	Filing 1 Open 9th Circuit docket. No COA order in district court. Record on appeal included: Yes. [11897710] (OC) [Entered: 11/18/2020 01:01 PM]

Date Filed

Document Text

November 20, 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. 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) [11901473] (CKP) [Entered: 11/20/2020 02:22 PM]

November 18, 2020

Filing 1 Open 9th Circuit docket. No COA order in district court. Record on appeal included: Yes. [11897710] (OC) [Entered: 11/18/2020 01:01 PM]

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Defendant / appellant: JOSE VAZQUEZ-BARRON, AKA Chepa
Represented By:	Jose Vazquez-Barron
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Plaintiff / appellee: UNITED STATES OF AMERICA
Represented By:	Sarah E. Griswold
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