United States of America v. Fox
| UNITED STATES OF AMERICA |
| TIM WAYNE FOX |
| 25-3110 |
| May 14, 2025 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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This docket was last retrieved on October 23, 2025. A more recent docket listing may be available from PACER.
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Filing 20
ORDER FILED. S.R. THOMAS and BENNETT, Circuit Judges. The request for a certificate of appealability (Docket Entry Nos. 14 and 18) is denied because appellant has not shown that jurists of reason would find it debatable whether the [motion] states a valid claim of the denial of a constitutional right and that jurists of reason would find it debatable whether the district court was correct in its procedural ruling. Slack v. McDaniel, 529 U.S. 473, 484 (2000); see also 28 U.S.C. 2253(c)(2); Gonzalez v. Thaler, 565 U.S. 134, 140-41 (2012); Gonzalez v. Crosby, 545 U.S. 524, 530-31 (2005); United States v. Winkles, 795 F.3d 1134, 1143 (9th Cir. 2015); Ortiz v. Stewart, 195 F.3d 520, 520-21 (9th Cir. 1999). Before a district court can consider a second or successive 28 U.S.C. 2255 motion, this court must authorize the district court to do so. See 28 U.S.C. 2244(b)(3), 2255(h). The clerk will serve this order and Form 12, the standard application for leave to file a second or successive motion, on appellant. All pending motions are denied as moot. DENIED. [Entered: 10/23/2025 04:59 PM]
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| Filing 19 MOTION to Supplement Record and for Judicial Notice filed by Appellant Tim Wayne Fox. [Entered: 10/17/2025 03:38 PM] |
| Filing 18 CORRESPONDENCE filed by Appellant Tim Wayne Fox. [Entered: 10/07/2025 02:12 PM] |
| Filing 17 District Court Order/Notice Received. [Entered: 10/01/2025 05:45 PM] |
| Filing 16 MOTION for Miscellaneous Relief filed by Appellant Tim Wayne Fox. [Entered: 08/26/2025 02:32 PM] |
| Filing 15 MOTION to Expedite filed by Appellant Tim Wayne Fox. [Entered: 08/26/2025 01:43 PM] |
| Filing 14 MOTION for Certificate of Appealability filed by Appellant Tim Wayne Fox. [Entered: 08/26/2025 01:42 PM] |
| Filing 13 REPLY to Response to Motion for Miscellaneous Relief (DE 11) filed by Appellant Tim Wayne Fox. [Entered: 08/26/2025 01:40 PM] |
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Filing 12
ORDER FILED. Lisa B. Fitzgerald, Appellate Commissioner. This case appears to arise from the denial of a Federal Rule of Civil Procedure 60(b) motion in 28 U.S.C. 2255 proceedings and thus is subject to the requirements of 28 U.S.C. 2253(c). See United States v. Winkles, 795 F.3d 1134, 1143 (9th Cir. 2015). 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: 08/22/2025 10:11 AM]
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| Filing 11 RESPONSE to Motion for Miscellaneous Relief (DE 8) filed by Appellee United States of America. [Entered: 08/19/2025 11:48 AM] |
| Filing 10 MOTION to Supplement or Correct Record filed by Appellant Tim Wayne Fox. [Entered: 08/11/2025 03:00 PM] |
| Filing 9 MOTION to Expedite filed by Appellant Tim Wayne Fox. [Entered: 08/11/2025 02:53 PM] |
| Filing 8 MOTION for Miscellaneous Relief filed by Appellant Tim Wayne Fox. [Entered: 08/11/2025 02:52 PM] |
| Filing 7 Miscellaneous Pro Se Filings Filed [Entered: 06/16/2025 04:46 PM] |
| Filing 6 REPLY to Response to Motion for Miscellaneous Relief (DE 5) filed by Appellant Tim Wayne Fox. [Entered: 06/09/2025 04:48 PM] |
| Filing 5 RESPONSE to Motion for Miscellaneous Relief (DE 4) filed by Appellee United States of America. [Entered: 05/30/2025 12:24 PM] |
| Filing 4 MOTION for Miscellaneous Relief filed by Appellant Tim Wayne Fox. [Entered: 05/21/2025 02:34 PM] |
| Filing 3 MOTION to Expedite filed by Appellant Tim Wayne Fox. [Entered: 05/21/2025 02:33 PM] |
| Filing 2 COA SCHEDULE NOTICE. No COA order in district court. [Entered: 05/14/2025 04:53 PM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 2:22-cr-01604-SPL-1 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 25-3110 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: 05/14/2025 04:50 PM] |
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| Plaintiff: UNITED STATES OF AMERICA | |
| Represented By: | Ms. Sheila Ann Phillips |
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| Defendant: TIM WAYNE FOX | |
| Represented By: | Tim Wayne Fox |
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