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Docket Richard Fine 9th Circuit Court of Appeal 09-56073

Docket Richard Fine 9th Circuit Court of Appeal 09-56073

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Docket Richard Fine 9th Circuit Court of Appeal
Docket Richard Fine 9th Circuit Court of Appeal

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General DocketUnited States Court of Appeals for the Ninth Circuit
 
Court of Appeals Docket #:
09-56073
Docketed:
07/10/2009
Termed:
12/16/2009
Nature of Suit:
3530 Habeas CorpusRichard Fine v. Sheriff of Los Angeles County, et al
Appeal From:
U.S. District Court for Central California, Los Angeles
Fee Status:
Paid
Case Type Information:
 
1)
prisoner
2)
state
3)
2254 habeas corpus
Originating Court Information:
 
District:
Court Reporter:
Blanca Aguilar, Official Court Reporter
Trial Judge:
John F. Walter, District Judge
Date Filed:
03/20/2009
Date Order/Judgment:
 
Date Order/Judgment EOD:
 
Date NOA Filed:
 
Date Rec'd COA:
 06/29/2009 06/29/2009 07/01/2009 07/01/2009
Prior Cases:
 None
Current Cases:
 
Lead Member Start End
Related09-71692 09-56073 07/10/2009RICHARD I. FINE (-: 1824367)Petitioner - Appellant,Richard I. Fine[NTC Pro Se]LOS ANGELES COUNTY JAILTwin Towers450 Bauchet St.Los Angeles, CA 90012v.SHERIFF OF LOS ANGELES COUNTYRespondent - Appellee,Aaron Mitchell Fontana, Esquire, AttorneyDirect: 818-545-1925[COR LD NTC Retained]Lawrence Beach Allen & Choi, PCSuite 1200100 West BroadwayGlendale, CA 91210-1219JUDGE DAVID P. YAFEE, Hon. David P. YaffeRespondent - Appellee,Kevin Michael McCormick, AttorneyDirect: 805-648-5111[COR LD NTC Retained]BENTON, ORR, DUVAL & BUCKINGHAM39 North California StreetP.O. Box 1178Ventura, CA 93002SUPERIOR COURT OF CALIFORNIA COUNTY OF LOS ANGELESRespondent - Appellee,Kevin Michael McCormick, AttorneyDirect: 805-648-5111[COR LD NTC Retained](see above)------------------------------DANIEL HENRY GOTTLIEBAmicus Curiae - Pending,Daniel Henry Gottlieb[NTC Pro Se]3516 via Dolce
 
Marina Del Rey, CA 90292RICHARD I. FINE,Petitioner - Appellant,v.SHERIFF OF LOS ANGELES COUNTY; JUDGE DAVID P. YAFEE, Hon. David P. Yaffe; SUPERIOR COURT OF CALIFORNIA COUNTY OF LOSANGELES,Respondents - Appellees.07/10/20091
1 pg, 129.15 KB
 Open 9th Circuit docket. No COA order in district court. Record on appeal included: No. [6988692] (BG)07/10/20092
25 pg, 1.33 MB
 Filed Appellant Richard I. Fine's "emergency motion to immediately release aplt Fine from incarcertaion pendingappeal ... etc."; served on 07/09/2009. [6988781] (HH)07/20/20093
20 pg, 759.44 KB
 Received Appellant Richard I. Fine request for judicial notice in support of emergency motion. Served on07/15/2009 [6997710] (RL)07/21/20094
1 pg, 55.87 KB
 Received certificate of record on appeal. RT filed in DC None (NT) [6999150] (RL)07/21/20095
1 pg, 38.18 KB
 Received copy of District Court order filed on 07/17/2009 denying certificate of appealability. [6999155] (RL)07/23/20096
12 pg, 602.65 KB
 Received Appellant Richard I. Fine request for certificate of appealability, request for order immediately gratningwrit of habeas corpus on all seven grounds based upon no opposition and violation of 28 USC 2243 by districtcourt, and request for order immediately setting appellant free from Los Angeles County jail. Served on07/21/2009 [7003921] (RL)07/24/20097
3 pg, 77.17 KB
 Received Appellant Richard I. Fine amendment to request for certificate of appealability. Served on 07/22/2009[7005104] (RL)07/27/20098
4 pg, 96.33 KB
 Received Appellant Richard I. Fine notice regarding certificate of compliance. [7005393} (RL)07/30/20099
8 pg, 396.1 KB
 Received Appellant Richard I. Fine supplement to emergency motion for immediate release from unlawfulincarceration showing irreparable and immediate injury and undue financial hardship, including the loss of hishome, and ongoing physical pain and suffering. Served on 07/28/2009 [7010421] (RL)08/06/200910
2 pg, 56.53 KB
 Received Appellant Richard I. Fine authorization for Greg McPhee, Mardi Mason and Fred Scotitle to speak tocourt representatives on appellant's behalf. Served on 07/31/2009 [7019023] (RL)08/12/200912
3 pg, 231.76 KB
 Filed order (ANDREW J. KLEINFELD) Appellant is granted a certificate of appealability on the issue of whetherthe t
rial judge should have recused himself. A review of this court‟s docket reflects that the filing and docketing
fees for this appeal remain due. Within 14 days of the filing date of this order, appellant shall (1) pay to the districtcourt the $455.00 filing and docketing fees for this appeal and file in this court proof of such payment or (2) file inthis court a motion to proceed in forma pauperis, accompanied by a completed CJA Form 23. Failure to pay thefees or file a motion to proceed in forma pauperis shall result in the automatic dismissal of the appeal by theClerk for failure to prosecute. The Clerk shall serve a copy of CJA Form 23 on appellant. If appellant pays thefees, the following briefing schedule shall apply: The opening brief is due September 9, 2009; the answering briefis due October 9, 2008; the optional reply brief is due within 14 days after service of the answering brief. Ifappellant files a motion to proceed in forma pauperis, the briefing schedule will be set upon disposition of the
motion. Appellant‟s remaining motions and requests will be addressed by separate order. [7024494] (DMM)
 08/12/200913
1 pg, 23.51 KB
 Filed order (MARY M. SCHROEDER and ANDREW J. KLEINFELD) Appellant's motions and submissions to thiscourt, received on July 20, 23, 29 and 30 and August 6, 2009, are ordered filed. Appellant's request for acertificate of appealability is addressed by separate order. Appellant's remaining motions and requests
 –
 including his request for immediate release pending appeal
 –
are hereby denied. [7024515] (DMM)08/12/200914Received notification from District Court re: payment of docket fee. Amount Paid: USD 455.00 Date paid:08/12/2009. [7027416] (RL)
 
1 pg, 61.83 KB
 08/19/200915
16 pg, 760.34 KB
 Filed Appellant Richard I. Fine request for immediate review and reconsideration of summary denial of emrgencymotion to free appellant pending appeal without surety and/or grant writ, as such was not answered by the sheriffand the grounds, facts, and claims set forth therein were not opposed or contested by the LA Superior Court andJudge Yaffe, in addition to all reasons set forth in the original motion incorporated herein by refence, ad that theoriginal motion was unopposed, and on the new ground tht the certificate of appealability has been granted andthe fee has been paid. Served on 08/17/2009. [7033677] (RL)08/26/200916
1 pg, 23.12 KB
 
Filed order (MARY M. SCHROEDER and ANDREW J. KLEINFELD) Appellant‟s motion for reconsideration of thiscourt‟s order denying his request for immediate release pending appeal is denied. [
7040857] (DMM)08/31/200917
52 pg, 2.09 MB
 Filed original and 7 copies of Appellant Richard I. Fine (Informal: No) opening brief of 41 pages. Served on08/27/2009. [7047502] (LA)08/31/200918
5 pg, 204.58 KB
 Filed Appellant Richard I. Fine motion for immediate release for appellant based upon opening brief showing thatSupreme Court precedents mandate recusal of Judge Yaffe. Served on 08/27/2009. [7050592] (RL)09/08/200919
6 pg, 185.67 KB
 Filed Appellant Richard I. Fine opposition to intervention of Joseph Zernik. Served on 09/03/2009. [7056247] (RL)09/09/200920
3 pg, 89.12 KB
 Filed Appellant Richard I. Fine notice of no opposition to motion to set appellant free pedning decision of NinthCircuit. Served on 09/08/2009. [7056436] (RL)09/15/200921
1 pg, 23.06 KB
 Filed order (A. WALLACE TASHIMA and N. RANDY SMITH) Appellant's second motion for immediate release isdenied. No further motions for immediate release pending appeal shall be filed or entertained. No motions forreconsideration, modification, or clarification of this order shall be filed or entertained. The opening brief has beenfiled; the answering brief is due October 9, 2009; and the optional reply brief is due within 14 days after service ofthe answering brief. [7061608] (JS)09/17/200922
6 pg, 183.74 KB
 Filed Appellant Richard I. Fine emergency motion to immediately grant writ of habeas corpus based uponopening brief. Served on 09/16/2009. [7065558] (RL)09/23/200923
2 pg, 26.04 KB
 
ENTRY UPDATED. Filed order MOATT: (SNR) Appellant‟s “emergency motion to immediately grant writ of habeas corpus based upon opening brief,” filed September 17, 2009, is denied to the extent appellant seeks
immediate release from custody, because on Septemb
er 15, 2009, the court denied appellant‟s second motion
for immediate release and stated that no further motions for immediate release pending appeal shall be filed orentertained. To the extent appellant seeks expedited consideration of this appeal, that request is granted. Theanswering brief is due October 9, 2009. The reply brief is due within 14 days after service of the answering brief.Because this appeal is being expedited, the Clerk shall not grant any extension of time to file the briefs under 9thCir. R. 31-2.2. The Clerk shall calendar this case during the week of December 7-11, 2009, in Pasadena,California. [7071916]--[Edited 09/23/2009 by KD] [7071916] (KD)10/06/200924
4 pg, 135.62 KB
 Filed Appellant Richard I. Fine notice of no opposition to appellant's emergency motion to immediately grant writof habeas corpus based upon opening brief served Sept. 16, 2009; demand for immediate granting of writ basedupon no opposition to motion. Served on 09/25/2009. [7086543] (RL)10/09/200925
50 pg, 99.14 KB
 Submitted (ECF) Answering brief for review. Submitted by Appellees Judge David P. Yafee and Superior Court ofCalifornia County of Los Angeles. Date of service: 10/07/2009. [7089801]--[COURT UPDATE: Replaceddocument with searcable version.10/14/2009 by MA] (KMM)10/09/200926
16 pg, 75.11 KB
 Submitted (ECF) Answering brief for review. Submitted by Appellee Sheriff of Los Angeles County. Date ofservice: 10/09/2009. [7090739] (AMF)10/09/200929Filed Appellee Sheriff of Los Angeles County ("Sheriff Baca") supplemental excerpts of record on appeal in 1volume. [7093576] (LA)10/13/200927
1 pg, 28.33 KB
 Filed clerk order: Answering Brief[26]filed by Sheriff of Los Angeles County. Within 5 working days of the filing of this order, filer is ordered to file 10 copies of the brief in paper format, with a Red cover, accompanied bycertification, attached to the end of each copy of the brief, that the brief is identical to the version submittedelectronically. [7091929] (LA)10/13/200928Filed Appellees Judge David P. Yafee and Superior Court of California County of Los Angeles supplementalexcerpts of record on appeal in 1 volume. [7092293] (LA)10/14/200930
Filed order (Appellate Commissioner) Appellant‟s September 17, 2009 and October 6, 2009 motions seekingsummary reversal of the district court‟s denial of his petition for a writ of habeas corpus are denied. Appellant‟s

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