Luther Haynes v. Dean Borders

Luther Haynes v. Dean Borders

Petitioner / Appellant:	LUTHER PETE HAYNES
Respondent / Appellee:	DEAN BORDERS, Warden
Case Number:	21-56189
Filed:	October 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 December 1, 2021. A more recent docket listing may be available from PACER.

Date Filed	Document Text
December 1, 2021	Filing 2 Filed order (Appellate Commissioner): This appeal challenges the district courts October 1, 2021 order denying 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 with respect to the October 1, 2021 post-judgment order 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) [12302690] (CKP) [Entered: 12/01/2021 01:56 PM]
October 27, 2021	Filing 1 Open 9th Circuit docket. No COA order in district court. Record on appeal included: Yes. [12270354] (OC) [Entered: 10/27/2021 12:16 PM]

Date Filed

Document Text

December 1, 2021

Filing 2 Filed order (Appellate Commissioner): This appeal challenges the district courts October 1, 2021 order denying 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 with respect to the October 1, 2021 post-judgment order 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) [12302690] (CKP) [Entered: 12/01/2021 01:56 PM]

October 27, 2021

Filing 1 Open 9th Circuit docket. No COA order in district court. Record on appeal included: Yes. [12270354] (OC) [Entered: 10/27/2021 12:16 PM]

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Petitioner / appellant: LUTHER PETE HAYNES
Represented By:	Luther Pete Haynes
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Respondent / appellee: DEAN BORDERS, Warden
Represented By:	David Delgado-Rucci Esquire
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