Gregory Brown v. M. Atchley

Gregory Brown v. M. Atchley

Petitioner / Appellant:	GREGORY L. BROWN
Respondent / Appellee:	M. ATCHLEY, Warden
Case Number:	21-15922
Filed:	May 27, 2021
Court:	U.S. Court of Appeals, Ninth Circuit
Nature of Suit:	Other

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Docket Report

This docket was last retrieved on July 28, 2021. A more recent docket listing may be available from PACER.

Date Filed	Document Text
July 28, 2021	Filing 2 Filed order (Appellate Commissioner): This case appears to arise under 28 U.S.C. 2255 and thus is subject to the requirements of 28 U.S.C. 2253(c). 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); 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 chooses to issue a certificate of appealability, the court should specify the issues that meet the required showing; if the district court declines to issue a certificate, the court is requested to state its reasons. See 28 U.S.C. 2253(c)(3); Asrar, 116 F.3d at 1270. The Clerk will send a copy of this order to the district court. (Pro Se) [12185876] (CKP) [Entered: 07/28/2021 03:11 PM]
May 27, 2021	Filing 1 Open 9th Circuit docket. No COA order in district court. Record on appeal included: Yes. [12126945] (JMR) [Entered: 05/27/2021 01:32 PM]

Date Filed

Document Text

July 28, 2021

Filing 2 Filed order (Appellate Commissioner): This case appears to arise under 28 U.S.C. 2255 and thus is subject to the requirements of 28 U.S.C. 2253(c). 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); 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 chooses to issue a certificate of appealability, the court should specify the issues that meet the required showing; if the district court declines to issue a certificate, the court is requested to state its reasons. See 28 U.S.C. 2253(c)(3); Asrar, 116 F.3d at 1270. The Clerk will send a copy of this order to the district court. (Pro Se) [12185876] (CKP) [Entered: 07/28/2021 03:11 PM]

May 27, 2021

Filing 1 Open 9th Circuit docket. No COA order in district court. Record on appeal included: Yes. [12126945] (JMR) [Entered: 05/27/2021 01:32 PM]

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Petitioner / appellant: GREGORY L. BROWN
Represented By:	Gregory L. Brown
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Respondent / appellee: M. ATCHLEY, Warden
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