Rodriguez v. USA

Filing 8

ORDER of USCA as to Notice of Appeal - CR filed by Luis C. Rodriguez in 1:05-cr-00063-LJO. This case is remanded to the district court for the limited purpose of granting or denying a certificate of appealability. (Jessen, A)

Case: 09-16634

08/13/2009

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DktEntry: 7026804

F IL E D
U N IT E D STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
AUG 13 2009
MOLLY C. DWYER, CLERK
U . S . C O U R T OF APPE A L S

U N IT E D STATES OF AMERICA, Plaintiff - Appellee, v. L U IS C. RODRIGUEZ,

N o . 09-16634 D .C . No. 1:08-cv-00802-LJO E astern District of California, Fresno

ORDER Defendant - Appellant.

B e fo r e : Peter L. Shaw, Appellate Commissioner. T h e district court has not issued or declined to issue a certificate of ap p ealab ility in this appeal, which arises under 28 U.S.C. § 2255. Accordingly, p u rsu an t to circuit court policy, this case is remanded to the district court for the lim ited purpose of granting or denying a certificate of appealability at the court's earliest convenience. See 28 U.S.C. § 2253(c); Fed. R. App. P. 22(b); United S ta tes v. Asrar, 116 F.3d 1268, 1270 (9th Cir. 1997). If the district court issues a certificate of appealability, the court should sp ecify which issue or issues meet the required showing. See 28 U.S.C. § 2253(c)(3); Asrar, 116 F.3d at 1270. If the district court declines to issue a certificate, the court should state its reasons why a certificate of appealability
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Case: 09-16634

08/13/2009

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DktEntry: 7026804

s h o u ld not be granted, and the clerk of the district court shall forward to this court th e record with the order denying the certificate. See Asrar, 116 F.3d 1270. T h e Clerk shall serve this order on the district judge.

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