On Monday, August 10, 2009, a two-justice panel will consider Richard Fine's Request for Certificate of Appealability (only, not the emergency motion itself yet). Only one justice is needed to vote in favor of granting it. If it is denied, Fine then has the option to request reconsideration. If it is granted, then the matter will be set for a full hearing, following a briefing schedule.
Monday's hearing will be in San Francisco. It is not open to the public.
For further information, contact:
David Madden
Asst. Circuit Executive for Court Information
Ninth Circuit Court of Appeals
(415) 355-8020
Richard I. Fine v. United States District Court
Case No. 09-56073
Emergency Motion for Immediate Release, Petition for Writ of Habeas Corpus
Relevant documents (click title to view):
Fine's Request for Certificate of Appealability to US District Court
US District Court Judge John F. Walter's denial of Request
US District Court Judge John F. Walter's SECOND denial of Request
Fine's Request for Certificate of Appealability to Ninth Circuit Court
Fine's Amendment to Request for Certificate of Appealability to Ninth Circuit Court
Fine's Objections to USDC Magistrate Judge Carla M. Woehrle's Report and Recommendation denying petition for writ of habeas corpus.
Relevant Federal Rules of Appellate Procedure:
Rule 22: Habeas Corpus and Section 2255 Proceedings
Rule 24: Proceeding in Forma Pauperis
Further details of the Fine saga available at the Free Richard Fine website.
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