Sid Willis, Jr. v. Federal Correctional Instituti
| SID EDWARD WILLIS, Jr. |
| FEDERAL CORRECTIONAL INSTITUTION - FCI VICTORVILLE |
| 21-55573 |
| June 3, 2021 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 5 Received copy of District Court order filed on 06/24/2021 denying certificate of appealability. [12154930] (QDL) [Entered: 06/25/2021 02:32 PM] |
| Filing 4 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). See Porter v. Adams, 244 F.3d 1006 (9th Cir. 2001) (certificate of appealability required where 28 U.S.C. 2241 petition attacks conviction or sentence, even if it was not construed as section 2255 motion by district court). 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) [12150870] (CKP) [Entered: 06/22/2021 12:47 PM] |
| Filing 3 Filed Appellant Sid Edward Willis, Jr. motion to appoint counsel. Deficiencies: None. Served on 06/07/2021. [12143043] (QDL) [Entered: 06/14/2021 10:34 AM] |
| Filing 2 Added Attorney(s) Andrew Beshai for party(s) Appellee Federal Correctional Institution - FCI Victorville, in case 21-55573. [12133179] (OC) [Entered: 06/03/2021 04:00 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant Sid Edward Willis Jr. opening brief due 07/26/2021. Appellee Federal Correctional Institution - FCI Victorville answering brief due 08/25/2021. Appellant's optional reply brief is due 21 days after service of the answering brief. [12133164] (OC) [Entered: 06/03/2021 03:55 PM] |
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| Petitioner / appellant: SID EDWARD WILLIS, Jr. | |
| Represented By: | Sid Edward Willis Jr. |
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| Respondent / appellee: FEDERAL CORRECTIONAL INSTITUTION - FCI VICTORVILLE | |
| Represented By: | Andrew Beshai |
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