James Rose, Jr. v. State of California
| JAMES EDWARD ROSE, Jr., AKA Jason Elliot Roman III |
| STATE OF CALIFORNIA |
| 21-56262 |
| November 19, 2021 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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This docket was last retrieved on December 20, 2021. A more recent docket listing may be available from PACER.
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| Filing 5 Received copy of motion filed in district court re: Response to order denying certificate of appealability, opening statement to correct the record. Motion filed by Appellant James Edward Rose, Jr.. [12322018] (RL) [Entered: 12/21/2021 01:59 PM] |
| Filing 4 Filed Appellant James Edward Rose, Jr. motion for right to appeal. Deficiencies: None. Served on 11/27/2021. [12306623] (RL) [Entered: 12/06/2021 11:57 AM] |
| Filing 3 Received copy of District Court order filed on 12/02/2021 ORDER denying certificate of appealability. [12304288] (RL) [Entered: 12/02/2021 03:19 PM] |
| Filing 2 Filed order (Appellate Commissioner): The notice of appeal filed on November 15, 2021 challenges the district courts October 26, 2021 post-judgment order rejecting appellants petition to produce transcript. This case appears to arise under 28 U.S.C. 2254 and thus is subject to the requirements of 28 U.S.C. 2253(c). 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 26, 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); 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)). 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. (Pro Se) [12302668] (CKP) [Entered: 12/01/2021 01:50 PM] |
| Filing 1 Open 9th Circuit docket. No COA order in district court. Record on appeal included: Yes. [12293139] (RT) [Entered: 11/19/2021 11:23 AM] |
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| Petitioner / appellant: JAMES EDWARD ROSE, Jr., AKA Jason Elliot Roman III | |
| Represented By: | James Edward Rose Jr. |
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| Respondent / appellee: STATE OF CALIFORNIA | |
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