appeal to the 9th circuit

The District Court finally, after 18 months, filed it's final order and denial of ground 3 on November 26, 2019. On December 2, I filed my notice of appeal and a motion to waive the $500 9th circuit Court of appeals filing fee for the appeal. A submission for a request for a certificate of appealability is required to appeal to the 9th circuit when the District Court doesn't grant one.

A request for a certificate of appealability is prepared by a staff attorney, then the attorney makes a recommendation to a 2 judge panel (unanimous is not required) whether the request meets the standard of "debatability" or "wrongness" of constitutional proportions.

From the "Lawyer's guide"

The probability of a grant of the request is:

4.6%

Amended (revised) request (motion) for certificate of appealability was filed on 12/16/19:

As of 5/15/20, still waiting for the Court's order, 35 days after notice appeal is January 6, then request is ready for processing, it had been 132 days, (4 months 11 days), still no order.

See appeal history history of ground 3 arguments.