Lionel Ellison v. Michael Fletcher
| LIONEL SCOTT ELLISON |
| MICHAEL FLETCHER |
| 21-35669 |
| August 17, 2021 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Document Text |
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| Filing 8 Filed Appellant Lionel Scott Ellison letter dated 09/29/2021 re: Courtesy copy of filing, motion for relief from judgments. Paper filing deficiency: None. [12258788] (QDL) [Entered: 10/15/2021 02:44 PM] |
| Filing 7 Filed Appellant Lionel Scott Ellison motion for relief from judgments. Deficiencies: None. Served on 09/25/2021. (Sent appellant conformed copy of motion.) [12252552] (QDL) [Entered: 10/08/2021 03:22 PM] |
| Filing 6 Sent Appellant a copy of the docket sheet. [12250827] (JR) [Entered: 10/07/2021 12:58 PM] |
| Filing 5 Filed Appellant Lionel Scott Ellison motion for plain error review. Deficiencies: None. [12233654] (QDL) [Entered: 09/20/2021 03:22 PM] |
| Filing 4 Received original and 0 copies of Appellant Lionel Scott Ellison opening brief of 11 pages (Informal: Yes) and 1 copy of voluminous, unbound exhibits. Served on 09/13/2021. Served by Court via CM/ECF. Major deficiency: no briefing schedule, no certificate of service. [12227098] (SML) [Entered: 09/13/2021 04:13 PM] |
| Filing 3 Received copy of District Court order filed on 09/01/2021. ORDER re [47] USCA Order. No certificate of appealability shall issue from the Court's Order denying motion [44] to re-open case. [12218005] (QDL) [Entered: 09/01/2021 02:11 PM] |
| Filing 2 Filed order (Appellate Commissioner): This case appears to arise from the district courts July 29, 2021 denial of appellants July 28, 2021 motion for relief from judgment pursuant to Federal Rule of Civil Procedure 60(b) in habeas corpus proceedings under 28 U.S.C. 2254. 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 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 judge. (Pro Se) [12216036] (CKP) [Entered: 08/31/2021 07:46 AM] |
| Filing 1 Open 9th Circuit docket. No COA order in district court. Record on appeal included: Yes. [12203700] (RT) [Entered: 08/17/2021 12:15 PM] |
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| Petitioner / appellant: LIONEL SCOTT ELLISON | |
| Represented By: | Lionel Scott Ellison |
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| Respondent / appellee: MICHAEL FLETCHER | |
| Represented By: | C. Mark Fowler |
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