USA v. Charles Head
| UNITED STATES OF AMERICA |
| CHARLES HEAD |
| 22-15964 |
| June 28, 2022 |
| U.S. Court of Appeals, Ninth Circuit |
| Vacate Sentence |
Docket Report
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| Filing 10 Filed order (Appellate Commissioner): The districts courts order denying appellants 28 U.S.C. 2255 motion was entered on June 8, 2022. The courts records reflect that appellant filed a motion listed in Federal Rule of Appellate Procedure 4(a)(4), and that motion is still pending in the district court. The June 22, 2022 notice of appeal is therefore ineffective, see Fed. R. App. P. 4(a)(4), and proceedings in this court will be stayed until the district court decides the motion for reconsideration received by the district court on July 7, 2022. See Leader Natl Ins. Co. v. Industrial Indemnity Ins. Co., 19 F.3d 444 (9th Cir. 1994); Tripati v. Henman, 845 F.2d 205, 206 (9th Cir. 1988). Within 21 days after the district courts decision, appellant must notify this court in writing of the decision and state whether he wishes to move forward with this appeal. To challenge the decision on the post-judgment motion, appellant must file an amended notice of appeal within the time set by Federal Rule of Appellate Procedure 4. See Fed. R. App. P. 4(a)(4). 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). In addition to ruling on the motion for reconsideration, the district court is requested to issue an order granting or denying a certificate of appealability with respect to the district courts June 8, 2022 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 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) [12518264] (CKP) [Entered: 08/16/2022 03:15 PM] |
| Filing 9 Filed Appellant Charles Head FORM 24 motion for appointment of counsel. Deficiencies: None. Served on 08/02/2022. [12509741] (RL) [Entered: 08/04/2022 02:13 PM] |
| Filing 8 Filed Appellant Charles Head addendum to motion to proceed in forma pauperis; FORM 4. Dated 08/02/2022. Paper filing deficiency: None. [12509736] (RL) [Entered: 08/04/2022 02:12 PM] |
| Filing 7 Received copy of motion filed in United States District Court Eastern District of California re: Motion for certificate of appealability. Motion filed by Appellant Charles Head. [12508873] (RL) [Entered: 08/03/2022 02:42 PM] |
| Filing 6 Filed Appellant Charles Head application to proceed In Forma Pauperis. Deficiencies: None. Served on 07/20/2022. [12508849] (RL) [Entered: 08/03/2022 02:37 PM] |
| Filing 5 Sent Appellant a copy of Forms 4 and 24 in response to the letter of request filed on 07/25/2022. [12501887] (JR) [Entered: 07/25/2022 04:49 PM] |
| Filing 4 Filed Appellant Charles Head letter dated 07/20/2022 re: Request for forms to file IFP and motion for counsel. Paper filing deficiency: None. [12501665] (RL) [Entered: 07/25/2022 03:13 PM] |
| Filing 3 Received copy of motion filed in district court re: request for coa. Motion filed by Appellant Charles Head. [12492482] (DJV) [Entered: 07/13/2022 07:22 AM] |
| Filing 2 Filed Appellant Charles Head motion to proceed In Forma Pauperis and for appointment of counsel . Deficiencies: None. Served on 07/07/2022. [12489626] (DJV) [Entered: 07/08/2022 02:14 PM] |
| Filing 1 Open 9th Circuit docket. No COA order in district court. Record on appeal included: Yes. [12482450] (OC) [Entered: 06/28/2022 04:16 PM] |
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| Plaintiff / appellee: UNITED STATES OF AMERICA | |
| Represented By: | Michael D. Anderson |
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| Defendant / appellant: CHARLES HEAD | |
| Represented By: | Charles Head |
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