Kasey Hayes v. Attorney General for the State, et al
| CHARLES L. RYAN |
| KASEY MARKEITH HAYES, named as: Kasey M Hayes |
| ATTORNEY GENERAL FOR THE STATE OF ARIZONA and DAVID SHINN, Director, Arizona Department of Corrections |
| 21-16600 |
| September 29, 2021 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
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| Filing 2 Filed order (Appellate Commissioner): This case appears to arise from the denial of appellants motion for relief from judgment pursuant to Federal Rule of Civil Procedure 60(b) in habeas corpus proceedings under 28 U.S.C. 2254, and thus is subject to the requirements of 28 U.S.C. 2253(c). 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)). 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 chooses to issue a certificate of appealability, the court should specify which issue or issues 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) [12294619] (CKP) [Entered: 11/22/2021 10:03 AM] |
| Filing 1 Open 9th Circuit docket. No COA order in district court. Record on appeal included: Yes. [12242860] (RT) [Entered: 09/29/2021 02:06 PM] |
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