Darryl Dunsmore v. Unknown
| DARRYL LEE DUNSMORE |
| UNKNOWN |
| 20-56228 |
| November 20, 2020 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 4 Received copy of District Court order filed on 12/11/2020. The certificate of appealability is DENIED. [11930641] (RR) [Entered: 12/16/2020 07:48 PM] |
| Filing 3 Filed Appellant Darryl Lee Dunsmore motion to change name of Respondent. Deficiencies: None. [11919898] (RR) [Entered: 12/09/2020 10:04 AM] |
| Filing 2 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. 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) [11914088] (CKP) [Entered: 12/03/2020 01:07 PM] |
| Filing 1 Open 9th Circuit docket. No COA order in district court. Record on appeal included: Yes. [11901818] (OC) [Entered: 11/20/2020 04:02 PM] |
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| Petitioner / appellant: DARRYL LEE DUNSMORE | |
| Represented By: | Darryl Lee Dunsmore |
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| Respondent / appellee: UNKNOWN | |
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