Roberto Durand v. Clark County District Court
| ROBERTO DURAND |
| CLARK COUNTY DISTRICT COURT, State of Nevada |
| 22-16967 |
| December 21, 2022 |
| U.S. Court of Appeals, Ninth Circuit |
| Habeas Corpus |
Docket Report
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| Filing 4 Filed order (JOHNNIE B. RAWLINSON and JOHN B. OWENS) This appeal is from the denial of appellants post-judgment motion. The request for a certificate of appealability is denied because appellant has not shown that (1) jurists of reason would find it debatable whether the district court abused its discretion in denying the [post-judgment] motion and, (2) jurists of reason would find it debatable whether the underlying section [2254 petition] states a valid claim of the denial of a constitutional right. United States v. Winkles, 795 F.3d 1134, 1143 (9th Cir. 2015); see also 28 U.S.C. 2253(c)(2); Slack v. McDaniel, 529 U.S. 473, 484 (2000); Lynch v. Blodgett, 999 F.2d 401, 403 (9th Cir. 1993) (order). Any pending motions are denied as moot. DENIED. [12655973] (JBS) [Entered: 02/17/2023 01:29 PM] |
| Filing 3 Received copy of District Court order filed on 01/04/2023 ORDER. Accordingly, it is therefore ordered that a certificate of appealability is denied as to the denial of Durands proposed order (ECF Nos. 15, 16). [12623865] (RL) [Entered: 01/05/2023 01:48 PM] |
| Filing 2 Filed order (Appellate Commissioner): This case arises from the district courts December 5, 2022 order stating it would take no action on appellants safekeeping request in the district courts closed habeas corpus proceedings under 28 U.S.C. 2254, and thus appears 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)); see also Rose v. Guyer, 961 F.3d 1238, 124445 (9th Cir. 2020) (holding that a certificate of appealability is required to appeal any order that pertain[s] to and is not wholly distinct from the district courts adjudication of a habeas petition). 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) [12621517] (CKP) [Entered: 01/03/2023 12:39 PM] |
| Filing 1 Open 9th Circuit docket: needs certificate of appealability. Date COA denied in DC: 12/18/2019. Record on appeal included: Yes. [12615797] (RT) [Entered: 12/21/2022 01:32 PM] |
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| Petitioner / appellant: ROBERTO DURAND | |
| Represented By: | Roberto Durand |
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| Respondent / appellee: CLARK COUNTY DISTRICT COURT, State of Nevada | |
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