Frederick Smith v. Christian Pfeiffer
| FREDERICK WAYNE SMITH |
| CHRISTIAN PFEIFFER, Warden |
| 22-55697 |
| July 20, 2022 |
| U.S. Court of Appeals, Ninth Circuit |
| Habeas Corpus |
Docket Report
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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). 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); see also Slack v. McDaniel, 529 U.S. 484, 482 (2000) (certificate of appealability is required to obtain appellate review of the district courts dismissal of a habeas corpus petition on procedural grounds); Jones v. Ryan, 733 F.3d 825, 832 & n.3 (9th Cir. 2013) (same). 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) [12526276] (CKP) [Entered: 08/25/2022 11:54 AM] |
| Filing 2 Received original and 0 copies of Appellant Frederick Wayne Smith opening brief of 30 pages (Informal: No). Served on 07/22/2022. Major deficiency: no briefing schedule. [12502611] (SML) [Entered: 07/26/2022 01:37 PM] |
| Filing 1 Open 9th Circuit docket. No COA order in district court. Record on appeal included: Yes. [12498680] (OC) [Entered: 07/20/2022 03:56 PM] |
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| Petitioner / appellant: FREDERICK WAYNE SMITH | |
| Represented By: | Frederick Wayne Smith |
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| Respondent / appellee: CHRISTIAN PFEIFFER, Warden | |
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