Ferrill Volpicelli v. Robert LeGrand, et al
| JACK PALMER |
| FERRILL J. VOLPICELLI |
| ROBERT LEGRAND, Warden and ATTORNEY GENERAL FOR THE STATE OF NEVADA |
| 22-15337 |
| March 7, 2022 |
| U.S. Court of Appeals, Ninth Circuit |
| Habeas Corpus |
Docket Report
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| Filing 8 Filed Appellant Ferrill J. Volpicelli motion for certificate of appealability. Deficiencies: None. Served on 04/18/2022. [12429110] (HH) [Entered: 04/22/2022 03:09 PM] |
| Filing 7 Filed clerk order (Deputy Clerk: KMB): Appellants motion for an extension of time (Docket Entry No. [ # 3 ]) to file a request for a certificate of appealability (COA) is granted. Any request for a COA is due by May 27, 2022. [12428162] (WL) [Entered: 04/21/2022 04:18 PM] |
| Filing 6 Received copy of District Court order filed on 04/19/2022: The request for a certificate of appealability is denied. [12425418] (HH) [Entered: 04/19/2022 11:48 AM] |
| Filing 5 Filed order (Appellate Commissioner): This case appears to arise from the denial of 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 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) [12424117] (CKP) [Entered: 04/18/2022 11:55 AM] |
| Filing 4 Filed Appellant Ferrill J. Volpicelli motion to appoint counsel. Deficiencies: None. [12413005] (HH) [Entered: 04/05/2022 01:17 PM] |
| Filing 3 Filed Appellant Ferrill J. Volpicelli motion to extend time to file COA request until 05/06/2022. Deficiencies: None. [12410582] (RR) [Entered: 04/01/2022 10:43 AM] |
| Filing 2 Filed Appellant Ferrill J. Volpicelli motion to proceed In Forma Pauperis. Deficiencies: None. [12410581] (RR) [Entered: 04/01/2022 10:41 AM] |
| Filing 1 Open 9th Circuit docket. No COA order in district court. Record on appeal included: Yes. [12388303] (JMR) [Entered: 03/07/2022 03:02 PM] |
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