Darryl Dunsmore v. Laura Eldridge, et al
| DARRYL LEE DUNSMORE |
| LAURA ELDRIDGE and XAVIER BECCERA |
| 20-56209 |
| November 17, 2020 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
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| Document Text |
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| Filing 4 Received copy of amended notice of appeal from district court filed 11/25/20. [11931179] (CW) [Entered: 12/17/2020 11:05 AM] |
| Filing 3 Filed order (Appellate Commissioner): The district court has not issued or declined to issue a certificate of appealability in this habeas appeal, brought by a state pretrial detainee who is challenging both a 2010 state court conviction and current ongoing criminal proceedings. 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); Wilson v. Belleque, 554 F.3d 816 (9th Cir. 2009) (state pretrial detainee who seeks relief under section 2241 needs a certificate of appealability); 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 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 judge. (Pro Se) [11909515] (CKP) [Entered: 11/30/2020 02:05 PM] |
| Filing 2 Filed Appellant Darryl Lee Dunsmore letter dated 11/13/2020 re: copy of notice of appeal. Paper filing deficiency: None. [11900389] (CW) [Entered: 11/20/2020 07:47 AM] |
| Filing 1 Open 9th Circuit docket. No COA order in district court. Record on appeal included: Yes. [11896357] (WL) [Entered: 11/17/2020 03:18 PM] |
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