Darryl Kilgore v. USA
| DARRYL EUGENE KILGORE |
| UNITED STATES OF AMERICA |
| 22-35842 |
| October 25, 2022 |
| U.S. Court of Appeals, Ninth Circuit |
| Vacate Sentence |
Docket Report
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This docket was last retrieved on November 25, 2022. A more recent docket listing may be available from PACER.
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| Filing 6 Received copy of District Court order . [12595876] (JFF) [Entered: 11/25/2022 02:30 PM] |
| Filing 5 Filed Appellant Darryl Eugene Kilgore motion for certificate of appealability. Deficiencies: None. [12595598] (JFF) [Entered: 11/25/2022 09:22 AM] |
| Filing 4 Filed order (Appellate Commissioner): 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). On November 14, 2022, the district court denied appellants motion to proceed in forma pauperis on appeal, finding that this appeal is frivolous and not taken in good faith. The district court did not, however, grant or deny a certificate of appealability. This case is therefore 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 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. [12594009] (WL) [Entered: 11/22/2022 11:55 AM] |
| Filing 3 Fee status changed ( [Case Number 22-35842: Due] ). [12588671] (HH) [Entered: 11/16/2022 10:59 AM] |
| Filing 2 Received copy of District Court order filed on 11/14/2022: appeal not taken in good faith and denies moton to proceed in forma pauperis on appeal. [12588669] (HH) [Entered: 11/16/2022 10:58 AM] |
| Filing 1 Open 9th Circuit docket. No COA order in district court. Record on appeal included: Yes. [12572771] (JMR) [Entered: 10/25/2022 03:59 PM] |
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| Petitioner / appellant: DARRYL EUGENE KILGORE | |
| Represented By: | Darryl Eugene Kilgore |
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| Respondent / appellee: UNITED STATES OF AMERICA | |
| Represented By: | Nicholas A. Manheim |
| Represented By: | Teal Luthy Miller |
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