Allah v. Brunson
| ALLAH ALLAH and Edwin Randal Coston |
| KAREN BRUNSON |
| 25-2357 |
| April 11, 2025 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
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This docket was last retrieved on August 14, 2025. A more recent docket listing may be available from PACER.
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Filing 12
ORDER FILED. Richard A. PAEZ, Milan D. SMITH, Jr. This appeal is from the district courts rejection of appellants post-judgment motion. The request for a certificate of appealability is denied. See 28 U.S.C. 2253(c)(2); see also Gonzalez v. Thaler, 565 U.S. 134, 140-41 (2012); Rose v. Guyer, 961 F.3d 1238, 1245-46 (9th Cir. 2020) (explaining that a certificate of appealability is required to appeal an order that pertain[s] to and is not wholly distinct from the district courts adjudication of the habeas petition); Martinez v. Shinn, 33 F.4th 1254, 1261 (9th Cir. 2022). Any pending motions are denied as moot. No further filings will be entertained in this closed case. DENIED. [Entered: 08/14/2025 12:31 PM]
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| Filing 11 TERMINATED participation of Counsel for Appellee John Joseph Samson, representing Appellee Karen Brunson. [Entered: 08/04/2025 03:14 PM] |
| Filing 10 NOTICE of Withdrawal as Counsel filed by John Joseph Samson. Counsel withdrawing on behalf of other attorney(s): No [[-]]. Party proceeding without counsel: No. [-]. [Entered: 08/04/2025 09:44 AM] |
| Filing 9 ADDED Counsel for Appellee Kelly Ann Fitzgerald [Entered: 07/28/2025 01:21 PM] |
| Filing 8 NOTICE OF APPEARANCE by Kelly Ann Fitzgerald for Appellee Karen Brunson. [Entered: 07/28/2025 12:42 PM] |
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Filing 7
District Court Order/Notice Received. [ ORDER denying [114] certificate of appealability. Signed by Judge Marsha J. Pechman.] [Entered: 06/06/2025 11:59 AM]
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Filing 6
ORDER FILED. Lisa B. Fitzgerald, Appellate Commissioner. This case appears to arise from the district courts March 25, 2025 order striking appellants Federal Rule of Civil Procedure 60(b) motion in 28 U.S.C. 2254 proceedings. The district court must issue or deny a certificate of appealability when it enters a final order adverse to the applicant. See Rule 11(a), 28 U.S.C.A. foll. 2254; See Martinez v. Shinn, 33 F.4th 1254, 1261 (9th Cir. 2022), cert. denied, 143 S. Ct. 584 (2023). 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 issues 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 judge. [Entered: 05/28/2025 02:37 PM]
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| Filing 5 DISCLOSURE STATEMENT pursuant to FRAP 26.1 and CR 26.1-1 filed by Appellee Karen Brunson. [Entered: 05/05/2025 02:34 PM] |
| Filing 4 Attorney John Joseph Samson as Counsel for Appellee substituted for Attorney Paul D. Weisser. [Entered: 05/05/2025 01:17 PM] |
| Filing 3 NOTICE OF APPEARANCE by John Joseph Samson for Appellee Karen Brunson replacing Paul D. Weisser. [Entered: 05/05/2025 11:15 AM] |
| Filing 2 COA SCHEDULE NOTICE. No COA order in district court. [Entered: 04/11/2025 04:36 PM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 2:05-cv-01480-MJP has been received in the Clerk's office of the United States Court of Appeals for the Ninth Circuit. The U.S. Court of Appeals docket number 25-2357 has been assigned to this case. All communications with the court must indicate this Court of Appeals docket number. Please carefully review the docket to ensure the name(s) and contact information are correct. It is your responsibility to alert the court if your contact information changes. Resources Available For more information about case processing and to assist you in preparing your brief, please review the Case Opening Information (for #attorneys and #pro se litigants) and review the #Appellate Practice Guide. Attorneys should consider contacting the court's #Appellate Mentoring Program for help with the brief and argument. [Entered: 04/11/2025 04:34 PM] |
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