Darryl Dunsmore v. Michael Martel
| DARRYL LEE DUNSMORE |
| MICHAEL MARTEL, Warden |
| 21-55107 |
| February 9, 2021 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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This docket was last retrieved on March 26, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 4 Received copy of amended notice of appeal from district court. [12054240] (RL) [Entered: 03/26/2021 09:58 AM] |
| Filing 3 Received copy of District Court order filed on 03/09/2021 ORDER denying certificate of appealability. [12030573] (RL) [Entered: 03/10/2021 09:50 AM] |
| Filing 2 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 is requested to 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) [12023133] (CKP) [Entered: 03/03/2021 02:13 PM] |
| Filing 1 Open 9th Circuit docket. No COA order in district court. Record on appeal included: Yes. [11997892] (JMR) [Entered: 02/09/2021 01:43 PM] |
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| Petitioner / appellant: DARRYL LEE DUNSMORE | |
| Represented By: | Darryl Lee Dunsmore |
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| Respondent / appellee: MICHAEL MARTEL, Warden | |
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