Michael Lena v. California Department of Corre, et al
| MICHAEL ANGELO LENA |
| SCOTT KERNAN, CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION DIRECTOR, ATTORNEY GENERAL FOR THE STATE OF CALIFORNIA and DIRECTOR, CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION |
| 21-15597 |
| April 5, 2021 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Document Text |
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| Filing 7 Received Appellant Michael Angelo Lena notice of appeal against U.S. District Court Judge. [12104747] (QDL) [Entered: 05/06/2021 01:47 PM] |
| Filing 6 Received Appellant Michael Angelo Lena notice of appeal brought pursuant to FRAP Rules 3 and 4. [12104741] (QDL) [Entered: 05/06/2021 01:46 PM] |
| Filing 5 Received Appellant Michael Angelo Lena response to Court order dated 3/12/2021. [12097719] (NAC) [Entered: 04/30/2021 08:48 AM] |
| Filing 4 Filed Appellant Michael Angelo Lena miscellaneous letter dated 04/10/2021. Paper filing deficiency: None. [12077212] (NAC) [Entered: 04/16/2021 11:51 AM] |
| Filing 3 Filed order (Interim 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 should forward to this court the record with the order denying the certificate. See Asrar, 116 F.3d at 1270. The Clerk will send a copy of this order to the district court judge. (Pro Se) [12071566] (CKP) [Entered: 04/12/2021 04:53 PM] |
| Filing 2 Received Appellant Michael Angelo Lena notice regarding notice of appeals. [12063841] (NAC) [Entered: 04/05/2021 02:13 PM] |
| Filing 1 Open 9th Circuit docket. No COA order in district court. Record on appeal included: Yes. (Electronic: PACER) [12063148] (RT) [Entered: 04/05/2021 09:39 AM] |
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