Smith Ellison, Jr. v. Robert Neuschmid
| SMITH ELLISON, Jr. |
| ROBERT NEUSCHMID, Warden |
| 20-55551 |
| May 22, 2020 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Document Text |
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| Filing 3 Received copy of District Court order filed on 06/04/2020 denying COA. [11711029] (CW) [Entered: 06/04/2020 11:33 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 from the denial of petitioners motion for relief from judgment pursuant to Federal Rule of Civil Procedure 60(b). 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). 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) [11702200] (CKP) [Entered: 05/27/2020 10:34 AM] |
| Filing 1 Open 9th Circuit docket. No COA order in district court. Record on appeal included: Yes. [11699842] (OC) [Entered: 05/22/2020 04:53 PM] |
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| Petitioner / appellant: SMITH ELLISON, Jr. | |
| Represented By: | Smith Ellison Jr. |
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| Respondent / appellee: ROBERT NEUSCHMID, Warden | |
| Represented By: | Lise S. Jacobson |
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