Luna v. Gutierrez
| Roman Lee Luna |
| M Gutierrez |
| 4:2022cv00539 |
| December 5, 2022 |
| US District Court for the District of Arizona |
| Lynnette C Kimmins (PS) |
| Rosemary Marquez |
| Prisoner: Habeas Corpus (General) |
| 28 U.S.C. ยง 2241 Petition for Writ of Habeas Corpus (Federal) |
| None |
Docket Report
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This docket was last retrieved on December 16, 2022. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 4 CLERK'S JUDGMENT - IT IS ORDERED AND ADJUDGED that pursuant to the Court's Order filed December 16, 2022, Petitioner's Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. 2241 is denied. Petitioner to take nothing and this action is hereby dismissed. (ARC) |
Filing 3
ORDERED: Petitioner's Petition Under 28 U.S.C. 2241 (Doc. #1 ) and this case are dismissed. The Clerk of Court must enter judgment accordingly and close this case. Although Petitioner has brought his claims in a 2241 petition, a certificate of appealability is required where a 2241 petition attacks the petitioner's conviction or sentence. See Porter v. Adams, 244 F.3d 1006, 1007 (9th. Cir. 2001). Pursuant to Rule 11(a) of the Rules Governing Section 2255 Cases, in the event Petitioner files an appeal, the Court declines to issue a certificate of appealability because reasonable jurists would not find the Court's procedural ruling debatable. The Clerk of Court must mail to Petitioner the court-approved form for filing a civil rights Complaint and the court-approved form for filing an Application to Proceed In Forma Pauperis. Signed by Judge Rosemary Marquez on 12/16/2022. (ARC)
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| Filing 2 NOTICE OF ASSIGNMENT (JAM) |
| Filing 1 PETITION for Writ of Habeas Corpus (Fed/2241) filed by Roman Lee Luna. (9 pages) (Attachments: #1 Envelope)(JAM) |
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| Petitioner: Roman Lee Luna | |
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| Respondent: M Gutierrez | |
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