09-56073 Docket

9/20/09 10:30 AM

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General Docket United States Court of Appeals for the Ninth Circuit Court of Appeals Docket #: 09-56073 Nature of Suit: 3530 Habeas Corpus Richard Fine v. Sheriff of Los Angeles County, et al Appeal From: US District Court for Central California, Los Angeles Case Type Information: 1) prisoner 2) state 3) 2254 habeas corpus Originating Court Information: District: 0973-2 : 2:09-cv-01914-JFW-CW Court Reporter: Blanca Aguilar, Court Reporter Trial Judge: John F. Walter, U.S. District Judge Date Filed: 03/20/2009 Date Order/Judgment: Date Order/Judgment EOD: 06/29/2009 06/29/2009 Prior Cases: None Current Cases: Lead Related 09-71692 Member 09-56073 Start 07/10/2009 End Docketed: 07/10/2009

Date NOA Filed: 07/01/2009

Date Rec'd COA: 07/01/2009

RICHARD I. FINE (-: 1824367) Petitioner - Appellant

Richard I. Fine [NTC Pro Se] LOS ANGELES COUNTY JAIL Twin Towers 450 Bauchet St. Los Angeles, CA 90012

v. SHERIFF OF LOS ANGELES COUNTY Respondent - Appellee Aaron Mitchell Fontana, Esquire Direct: 818-545-1925 [COR LD NTC Retained] Lawrence Beach Allen & Choi, PC Suite 1200
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100 West Broadway Glendale, CA 91210-1219 JUDGE DAVID P. YAFEE, Hon. David P. Yaffe Respondent - Appellee Kevin Michael McCormick, Attorney Direct: 805-648-5111 [COR LD NTC Retained] BENTON, ORR, DUVAL & BUCKINGHAM 39 North California Street P.O. Box 1178 Ventura, CA 93002

SUPERIOR COURT OF CALIFORNIA COUNTY Kevin Michael McCormick, Attorney OF LOS ANGELES Direct: 805-648-5111 Respondent - Appellee [COR LD NTC Retained] (see above)

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RICHARD I. FINE, Petitioner - Appellant v. SHERIFF OF LOS ANGELES COUNTY; JUDGE DAVID P. YAFEE, Hon. David P. Yaffe; SUPERIOR COURT OF CALIFORNIA COUNTY OF LOS ANGELES, Respondents - Appellees

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07/10/2009 07/10/2009

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Open 9th Circuit docket. No COA order in district court. Record on appeal included: No. [6988692] (BG) Filed Appellant Richard I. Fine's "emergency motion to immediately release aplt Fine from incarcertaion pending appeal ... etc."; served on 07/09/2009. [6988781] (HH) Received Appellant Richard I. Fine request for judicial notice in support of emergency motion. Served on 07/15/2009 [6997710] (RL) Received certificate of record on appeal. RT filed in DC None (NT) [6999150] (RL) Received copy of District Court order filed on 07/17/2009 denying certificate of appealability. [6999155] (RL) Received Appellant Richard I. Fine request for certificate of appealability, request for order immediately gratning writ of habeas corpus on all seven grounds based upon no opposition and violation of 28 USC 2243 by district court, and request for order immediately setting appellant free from Los Angeles County jail. Served on 07/21/2009 [7003921] (RL) Received Appellant Richard I. Fine amendment to request for certificate of appealability. Served on 07/22/2009 [7005104] (RL) Received Appellant Richard I. Fine notice regarding certificate of compliance. [7005393} (RL) Received Appellant Richard I. Fine supplement to emergency motion for immediate release from unlawful incarceration showing irreparable and immediate injury and undue financial hardship, including the loss of his home, and ongoing physical pain and suffering. Served on 07/28/2009 [7010421] (RL) Received Appellant Richard I. Fine authorization for Greg McPhee, Mardi Mason and Fred Scotitle to speak to court representatives on appellant's behalf. Served on 07/31/2009 [7019023] (RL) Filed order (ANDREW J. KLEINFELD) Appellant is granted a certificate of appealability on the issue of whether the trial 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 district court the $455.00 filing and docketing fees for this appeal and file in this court proof of such payment or (2) file in this court a motion to proceed in forma pauperis, accompanied by a completed CJA Form 23. Failure to pay the fees or file a motion to proceed in forma pauperis shall result in the automatic dismissal of the appeal by the Clerk for failure to prosecute. The Clerk shall serve a copy of CJA Form 23 on appellant. If appellant pays the fees, the following briefing schedule shall apply: The opening brief is due September 9, 2009; the answering brief is due October 9,
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07/20/2009 07/21/2009 07/21/2009 07/23/2009

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07/24/2009 07/27/2009 07/30/2009

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08/06/2009

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08/12/2009

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2008; the optional reply brief is due within 14 days after service of the answering brief. If appellant 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) 08/12/2009 13
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Filed order (MARY M. SCHROEDER and ANDREW J. KLEINFELD) Appellant's motions and submissions to this court, received on July 20, 23, 29 and 30 and August 6, 2009, are ordered filed. Appellant's request for a certificate 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) Received notification from District Court re: payment of docket fee. Amount Paid: USD 455.00 Date paid: 08/12/2009. [7027416] (RL) Filed Appellant Richard I. Fine request for immediate review and reconsideration of summary denial of emrgency motion to free appellant pending appeal without surety and/or grant writ, as such was not answered by the sheriff and the grounds, facts, and claims set forth therein were not opposed or contested by the LA Superior Court and Judge Yaffe, in addition to all reasons set forth in the original motion incorporated herein by refence, ad that the original motion was unopposed, and on the new ground tht the certificate of appealability has been granted and the fee has been paid. Served on 08/17/2009. [7033677] (RL) Filed order (MARY M. SCHROEDER and ANDREW J. KLEINFELD) Appellant’s motion for reconsideration of this court’s order denying his request for immediate release pending appeal is denied. [7040857] (DMM) Filed original and 7 copies of Appellant Richard I. Fine (Informal: No) opening brief of 41 pages. Served on 08/27/2009. [7047502] (LA) Filed Appellant Richard I. Fine motion for immediate release for appellant based upon opening brief showing that Supreme Court precedents mandate recusal of Judge Yaffe. Served on 08/27/2009. [7050592] (RL) Filed Appellant Richard I. Fine opposition to intervention of Joseph Zernik. Served on 09/03/2009. [7056247] (RL) Filed Appellant Richard I. Fine notice of no opposition to motion to set appellant free pedning decision of Ninth Circuit. Served on 09/08/2009. [7056436] (RL) Filed order (A. WALLACE TASHIMA and N. RANDY SMITH) Appellant's second motion for immediate release is denied. No further motions for immediate release pending appeal shall be filed or entertained. No motions for reconsideration, modification, or clarification of this order shall be filed or entertained. The opening brief has been filed; the answering brief is due October 9, 2009; and the optional reply brief is due within 14 days after service of the answering brief. [7061608] (JS)
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08/12/2009 08/19/2009

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08/26/2009

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08/31/2009 08/31/2009

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09/08/2009 09/09/2009

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09/15/2009

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09/17/2009

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Filed Appellant Richard I. Fine emergency motion to immediately grant writ of habeas corpus based upon opening brief. Served on 09/16/2009. [7065558] (RL)

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