Melvin Jefferson v. DeWayne Hendricks
| MELVIN EDWARD JEFFERSON |
| DEWAYNE HENDRICKS |
| 22-36022 |
| December 13, 2022 |
| U.S. Court of Appeals, Ninth Circuit |
| Prisoner Petitions-Mandamus/Other |
Docket Report
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This docket was last retrieved on January 13, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 5 Filed original and 0 copies of Appellant Melvin Edward Jefferson opening brief of 9 pages (Informal: Yes). Served on 01/09/2022. (Briefing remains vacated) [12630374] (LA) [Entered: 01/13/2023 01:27 PM] |
Filing 4
Received copy of District Court order filed on 01/11/2023 (Text Entry Only): ORDER: Denying Certificate of Appealability regarding Notice of Appeal 4 , as petitioner has not made a substantial showing of the denial of a constitutional right. Ordered by Judge Michael J. McShane [12628253] (HH) [Entered: 01/11/2023 12:53 PM]
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| Filing 3 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). See Porter v. Adams, 244 F.3d 1006, 1007 (9th Cir. 2001) (order) (holding that a successive 28 U.S.C. 2255 motion disguised as a 28 U.S.C. 2241 petition requires a certificate of appealability). The briefing schedule set on December 13, 2022 is vacated. 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 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 judge. (Pro Se) [12627230] (CKP) [Entered: 01/10/2023 12:57 PM] |
| Filing 2 Filed Appellant Melvin Edward Jefferson motion to proceed In Forma Pauperis. Deficiencies: None. Served on 12/20/2022. [12618586] (HH) [Entered: 12/27/2022 03:54 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCE OF PRO SE APPELLANT AND NO APPEARANCE FOR APPELLEE. SEND MQ: No. The schedule is set as follows: Appellant Melvin Edward Jefferson opening brief due 02/07/2023. [12609228] (JMR) [Entered: 12/13/2022 11:41 AM] |
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| Petitioner / appellant: MELVIN EDWARD JEFFERSON | |
| Represented By: | Melvin Edward Jefferson |
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| Respondent / appellee: DEWAYNE HENDRICKS | |
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