Antonio Taylor v. Milunsic
| MILUNSIC, USP Warden |
| ANTONIO TAYLOR |
| 20-56011 |
| September 30, 2020 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 3 Filed Appellant Antonio Taylor motion to reverse judgement, remand case to District Court, with CJA 23 form Deficiencies: None. Served on 11/12/2020. [11898709] (CW) [Entered: 11/19/2020 07:55 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 under 28 U.S.C. 2255. See Porter v. Adams, 244 F.3d 1006 (9th Cir. 2001) (certificate of appealability required where 28 U.S.C. 2241 petition attacks conviction or sentence, even if it was not construed as section 2255 motion by district court). 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 Fed. R. App. P. 22(b)(1); Asrar, 116 F.3d at 1270. The Clerk shall send a copy of this order to the district court judge. (Pro Se) [11844628] (CKP) [Entered: 10/01/2020 04:38 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant Antonio Taylor opening brief due 11/23/2020. Appellee Milunsic answering brief due 12/23/2020. Appellant's optional reply brief is due 21 days after service of the answering brief. [11842028] (JMR) [Entered: 09/30/2020 10:25 AM] |
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| Respondent / appellee: MILUNSIC, USP Warden | |
| Represented By: | L. Ashley Aull |
| Represented By: | Gregg Marmaro |
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| Petitioner / appellant: ANTONIO TAYLOR | |
| Represented By: | Antonio Taylor |
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