Marlon Blacher v. Ralph Diaz, et al
XAVIER BECERRA and RALPH DIAZ |
MARLON BLACHER, AKA Marlon Jessie Blacher |
20-55982 |
September 24, 2020 |
U.S. Court of Appeals, Ninth Circuit |
Other |
Docket Report
This docket was last retrieved on October 22, 2020. A more recent docket listing may be available from PACER.
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Filing 5 Filed order (Deputy Clerk: SL) Appellants motion for voluntary dismissal of this request for a certificate of appealability (Docket Entry No. [ # 4 ]) is granted. The request for a certificate of appealability is dismissed. See Fed. R. App. P. 42(b). This case is now closed. [11868726] (JPD) [Entered: 10/22/2020 01:49 PM] |
Filing 4 Filed Appellant Marlon Blacher motion to dismiss case pursuant to FRAP 42(b). Deficiencies: None. Served on 10/11/2020. [11867439] (QDL) [Entered: 10/21/2020 02:49 PM] |
Filing 3 Received copy of District Court order filed on 10/06/2020 declining to issue certificate of appealability. [11849531] (QDL) [Entered: 10/06/2020 02:44 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 under 28 U.S.C. 2254. 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). 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) [11847056] (CKP) [Entered: 10/05/2020 10:26 AM] |
Filing 1 Open 9th Circuit docket. No COA order in district court. Record on appeal included: Yes. [11835346] (JMR) [Entered: 09/24/2020 09:29 AM] |
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