Sumlin v. United States Probation and Pretrial Services Office - Central District of California
| BYRON SUMLIN |
| UNITED STATES PROBATION AND PRETRIAL SERVICES OFFICE - CENTRAL DISTRICT OF CALIFORNIA |
| 25-3346 |
| May 27, 2025 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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This docket was last retrieved on November 13, 2025. A more recent docket listing may be available from PACER.
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| Filing 7 On November 13, 2025, the court issued a global order resetting the non-jurisdictional filing deadlines for federally funded attorneys (including FPDs and CJA counsel), that had been stayed by the courts October 1, 2025 Supplemental Administrative Order. If your deadlines were suspended by the October 1 Administrative Order, please review the #Order Resetting Deadlines, available on the courts website, to find your new deadlines. [Entered: 11/13/2025 05:47 PM] |
Filing 6
ORDER FILED. Lisa B. Fitzgerald, Appellate Commissioner. 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 clerk will send a copy of this order to the district judge. [Entered: 07/25/2025 03:53 PM]
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| Filing 5 CLERK ACTION: Opening Brief submitted at DE 4 by Appellant Byron Sumlin is filed. Original and 0 copies. [Entered: 07/07/2025 09:52 AM] |
| Filing 4 OPENING BRIEF submitted for filing by Appellant Byron Sumlin. [Entered: 07/07/2025 09:41 AM] |
| Filing 3 Amended Notice of Appeal Received. [Entered: 05/29/2025 12:40 PM] |
| Filing 2 SCHEDULE NOTICE. Appeal Opening Brief (No Transcript Due) (Appellant) 7/8/2025, Appeal Answering Brief (No Transcript Due) (Appellee) 8/8/2025. For appeal no. 25-3346, 2:24-cv-05552-SVW. 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: 05/27/2025 03:53 PM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 2:24-cv-05552-SVW 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 25-3346 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: 05/27/2025 02:44 PM] |
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| Petitioner: BYRON SUMLIN | |
| Represented By: | Byron Sumlin |
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| Respondent: UNITED STATES PROBATION AND PRETRIAL SERVICES OFFICE - CENTRAL DISTRICT OF CALIFORNIA | |
| Represented By: | Daniel H. Weiner |
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