2 1. Request for Pertificate of Appealability
3 Appellant (hereinafter ççFine'') filed a Request for Certificate of
4 Appealability on July 1, 2009, in the US District Court. As of the present time,5 the US District Court has done nothing in response other than file the Request as6 a ççNotice of Appeal''
7 Given the history of the US District Court of violating statutes in this case,
8 is doubtful that the US District Court will act on the Request.
9 Fine respectfully requests that thls Court immediately issue the Certificate
10 of Appealability.
11 If this Court does not immediately act, this case will be unnecessarily
12 prolonged as has already occurred by this Court's failure to promptly act in case
14 In such case, Fine filed an Emergency Petition for Writ of Habeas Copus
15 in this Court alleging that the US District Court violated 28 USC j 2243. The
16 District Court refused to tile the Petition. This Court filed it as a Petition for17 Writ of Mandate/prohibition on June 3, 2009. This Petition was separate from
18 the Petition in USDC case no. 90-CV-1914 (Docket #1) as the new Petition
19 alleged violations of the District Court. The Petition in USDC case no. 09-CV-20 1914 alleged violations by Judge Yaffe and the LA Superior Court in a contempt21 action, resulting in the incarceration of Fine to tdcoerce'' him to respond to22 questions about his assets. Fine challenged Judge Yaffe's right to preside at the
23 contempt trial and judge his own actions, amongst other things.
24 In case no. 09-71692, this Court delayed its decision until June 30, 2009,
25 which was the day after the District Court approved the Magistrate Judge's
26 Report and Recommendation (ttRepolfi) over Fine's Objections (Docket #30).
27 This Court mistakenly refen-ed to the Magistrate Judge's Report dated June 18,
28 2009 (Docket #25) as the decision of the District Court. This Court never
Case: 09-56073 07/23/2009 Page: 3 of 12 DktEntry: 7003921