USA v. Brandon Dalton
| UNITED STATES OF AMERICA |
| BRANDON PATRICK DALTON, AKA Brandon Patrick Dalton-Jackson |
| 22-35665 |
| August 23, 2022 |
| U.S. Court of Appeals, Ninth Circuit |
| Vacate Sentence |
Docket Report
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This docket was last retrieved on September 30, 2022. A more recent docket listing may be available from PACER.
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| Filing 5 Filed order (RICHARD R. CLIFTON and LAWRENCE VANDYKE): This is an appeal from the denial of appellants Federal Rule of Civil Procedure 60(b) motion filed in connection with his 28 U.S.C. 2255 proceedings. The request for a certificate of appealability is denied because appellant has not shown that jurists of reason would find it debatable whether the [section 2255 motion] states a valid claim of the denial of a constitutional right and that jurists of reason would find it debatable whether the district court was correct in its procedural ruling. Slack v. McDaniel, 529 U.S. 473, 484 (2000); see also 28 U.S.C. 2253(c)(2); Gonzalez v. Thaler, 565 U.S. 134, 140-41 (2012). In order for a district court to consider a second or successive 28 U.S.C. 2255 motion, this court must first authorize the district court to consider that motion. See 28 U.S.C. 2244(b)(3), 2255(h). The Clerk will serve this order and a copy of the standard form application for leave to file a second or successive motion on appellant. Any pending motions are denied as moot. DENIED. [12553691] (AF) [Entered: 09/30/2022 03:00 PM] |
| Filing 4 Filed Appellant Brandon Patrick Dalton letter dated 08/30/2022 re:case status. Paper filing deficiency: None.[sent docket sheet][12535942] (BJK) [Entered: 09/08/2022 10:48 AM] |
| Filing 3 Attorney Brendan Patrick McCarthy in 22-35665 substituted by Attorney Tim Tatarka in 22-35665 [12527018] (BJK) [Entered: 08/26/2022 10:02 AM] |
| Filing 2 Filed (ECF) notice of appearance of Timothy A. Tatarka (U.S. Attorney's Office, 2601 Second Avenue North, Suite 3200, Billings. MT 59101) for Appellee USA. Substitution for Attorney Brendan Patrick McCarthy for Appellee USA. Date of service: 08/26/2022. (Party was previously proceeding with counsel.) [12526829] [22-35665] (Tatarka, Tim) [Entered: 08/26/2022 06:33 AM] |
| Filing 1 Open 9th Circuit docket: needs certificate of appealability. Date COA denied in DC: 08/05/2022. Record on appeal included: Yes. [12524403] (OC) [Entered: 08/23/2022 04:11 PM] |
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| Plaintiff / appellee: UNITED STATES OF AMERICA | |
| Represented By: | Brendan Patrick McCarthy |
| Represented By: | Tim Tatarka |
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| Defendant / appellant: BRANDON PATRICK DALTON, AKA Brandon Patrick Dalton-Jackson | |
| Represented By: | Brandon Patrick Dalton |
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