Dennis Underwood v. Brad Cain
| DENNIS BURTON UNDERWOOD |
| BRAD CAIN, Superintendent Snake River Correctional Institute |
| 23-35063 |
| January 26, 2023 |
| U.S. Court of Appeals, Ninth Circuit |
| Habeas Corpus |
Docket Report
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Filing 3
Received copy of District Court order filed on 03/20/2023 ORDER: The Court DENIES a certificate of appealability as Petitioner has not made a substantial showing of the denial of a constitutional right. See 28 U.S.C. 2253(c)(2). Ordered by Judge Michael W. Mosman. (no pdf attached) [12678438] (RL) [Entered: 03/21/2023 11:16 AM]
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| Filing 2 Filed order (Appellate Commissioner): This case appears to arise from the district courts December 27, 2022 order denying appellants motion for relief from judgment pursuant to Federal Rule of Civil Procedure 60(b) in habeas corpus proceedings under 28 U.S.C. 2254, and denying appellants motion to extend the time to appeal from the district courts July 15, 2022 judgment. 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)). 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. This case appears to arise from the district courts December 27, 2022 order denying appellants motion for relief from judgment pursuant to Federal Rule of Civil Procedure 60(b) in habeas corpus proceedings under 28 U.S.C. 2254, and denying appellants motion to extend the time to appeal from the district courts July 15, 2022 judgment. 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)). 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) [12675304] (CKP) [Entered: 03/16/2023 10:23 AM] |
| Filing 1 Open 9th Circuit docket. No COA order in district court. Record on appeal included: Yes. [12639725] (JMR) [Entered: 01/26/2023 01:57 PM] |
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| Petitioner / appellant: DENNIS BURTON UNDERWOOD | |
| Represented By: | Dennis Burton Underwood |
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| Respondent / appellee: BRAD CAIN, Superintendent Snake River Correctional Institute | |
| Represented By: | James Aaron |
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