Leonard Nwafor v. USA
| UNITED STATES OF AMERICA |
| LEONARD UCHENNA NWAFOR |
| 20-55319 |
| March 24, 2020 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 5 Added Attorney(s) Jeremy Raymond Sanders for party(s) Appellee USA, in case 20-55319. [11674759] (RR) [Entered: 04/28/2020 03:44 PM] |
| Filing 4 Filed (ECF) notice of appearance of Jeremy Raymond Sanders (U.S. Department of Justice Criminal Division, Fraud Section 1400 New York Avenue, N.W. Washington, D.C. 20005) for Appellee USA. Date of service: 04/28/2020. (Party was previously proceeding with counsel.) [11674666] [20-55319] (Sanders, Jeremy) [Entered: 04/28/2020 02:54 PM] |
| Filing 3 Filed Appellant Leonard Uchenna Nwafor motion for certificate of appealability. Deficiencies: None. [11669979] (RR) [Entered: 04/23/2020 02:25 PM] |
| 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 from the denial of petitioners motion for relief from judgment pursuant to Federal Rule of Civil Procedure 60(b) in section 2255 proceedings. 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)); United States v. Winkles, 795 F.3d 1134, 1143 (9th Cir. 2015); 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). 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). 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) [11651752] (CKP) [Entered: 04/05/2020 02:33 PM] |
| Filing 1 Open 9th Circuit docket. No COA order in district court. Record on appeal included: Yes. [11640852] (OC) [Entered: 03/24/2020 06:13 PM] |
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| Respondent / appellee: UNITED STATES OF AMERICA | |
| Represented By: | Daniel Ackerman |
| Represented By: | Jeremy Raymond Sanders |
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| Petitioner / appellant: LEONARD UCHENNA NWAFOR | |
| Represented By: | Leonard Uchenna Nwafor |
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