Vasquez v. Lepe
| JESSIE VASQUEZ and Pelon |
| LEPE, Warden |
| 25-2982 |
| May 8, 2025 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Document Text |
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| Filing 9 MOTION for Certificate of Appealability filed by Appellant Jessie Vasquez. [Entered: 07/18/2025 02:07 PM] |
| Filing 8 District Court Order/Notice Received. [Entered: 06/30/2025 04:38 PM] |
| Filing 7 DOCUMENT SENT. Sent Appellant a copy of the docket sheet per the Form 29 request filed on 06/17/2025. [Entered: 06/18/2025 08:40 AM] |
| Filing 6 REQUEST for Public Information filed by Appellant Jessie Vasquez. [Entered: 06/17/2025 03:53 PM] |
| Filing 5 MOTION to Extend Time to File Brief filed by Appellant Jessie Vasquez. [Entered: 06/17/2025 03:47 PM] |
| Filing 4 MOTION to Proceed In Forma Pauperis filed by Appellant Jessie Vasquez. [Entered: 05/28/2025 04:55 PM] |
Filing 3
ORDER FILED. Appellant filed a 28 U.S.C. 2241 petition and the district court determined that the claims arise under 28 U.S.C. 2255. The requirements of 28 U.S.C. 2253(c) therefore appear to apply to this case. 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). 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 briefing schedule is vacated. The clerk will send a copy of this order to the district judge. [Entered: 05/19/2025 03:04 PM]
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| Filing 2 SCHEDULE NOTICE. Appeal Opening Brief (No Transcript Due) (Appellant) 6/17/2025. For appeal no. 25-2982, 8:25-cv-00551-DOC. All briefs shall be served and filed pursuant to FRAP 31 and 9th Cir. R. 31-2.1. Failure of the petitioner(s)/appellant(s) to comply with this briefing schedule will result in automatic dismissal of the appeal. See 9th Cir. R. 42-1. [Entered: 05/08/2025 03:02 PM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 8:25-cv-00551-DOC 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 25-2982 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: 05/08/2025 02:34 PM] |
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