Zaragosa-Solis v. Gutierrez
| Ernesto Zaragosa-Solis, III |
| M Gutierrez |
| 4:2023cv00011 |
| January 6, 2023 |
| US District Court for the District of Arizona |
| Lynnette C Kimmins (PS) |
| John C Hinderaker |
| 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 February 9, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 11 MOTION For Excerpts of Record by Ernesto Zaragosa-Solis, III. (1 page) (REM) |
| Filing 10 USCA Case Number re: #9 Notice of Appeal. Case number 23-15165, Ninth Circuit. (Distributed by the 9th Circuit) (BAC) |
| Filing 9 NOTICE OF APPEAL to 9th Circuit Court of Appeals re: #7 Order, #8 Clerk's Judgment by Ernesto Zaragosa-Solis, III. (BAC) |
| Filing 8 CLERK'S JUDGMENT - IT IS ORDERED AND ADJUDGED that pursuant to the Court's order filed January 27, 2023, Petitioners Amended Petition Under 28 U.S.C. 2241 (Doc. #5 ) andthis case are dismissed. The Clerk of Court must enter judgment accordingly and close this case. (REM) |
Filing 7
IT IS ORDERED Petitioner's Amended Petition Under 28 U.S.C. 2241 (Doc. #5 ) and this case are dismissed. Petitioner's Motion for Appointment of CJA Counsel (Doc. #6 ) is denied as moot. 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. See Slack v. McDaniel, 529 U.S. 473, 484 (2000). Signed by Judge John C Hinderaker on 1/26/2023. (REM)
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| Filing 6 MOTION for Appointment of CJA Counsel by Ernesto Zaragosa-Solis, III. (2 pages) (ARC) |
| Filing 5 AMENDED PETITION for Writ of Habeas Corpus (Fed/2241) filed by Ernesto Zaragosa-Solis, III. (9 pages)(ARC) |
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Filing 4
ORDERED: granting #2 Petitioner's Application to Proceed In Forma Pauperis. It Is Ordered Petitioner's 2241 Petition (Doc. #1 ) is dismissed with leave to amend. Petitioner has 30 days from the date of filing of this Order to file an amended 2241 petition in compliance with this Order. If Petitioner fails to file an amended petition within 30 days, the Clerk of Court must enter a judgment of dismissal of this action, without prejudice and without further notice to Petitioner and deny any pending unrelated motions as moot.The Clerk of Court must mail Petitioner the current court-approved form for filing a "Petition Under 28 U.S.C. 2241 for Writ of Habeas Corpus by a Person in Federal Custody." Signed by Judge John C Hinderaker on 1/10/2023. (REM)
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| Filing 3 NOTICE OF ASSIGNMENT (REM) |
| Filing 2 APPLICATION for Leave to Proceed In Forma Pauperis by Ernesto Zaragosa-Solis, III. (2 pgages) (REM) |
| Filing 1 PETITION for Writ of Habeas Corpus (Fed/2241) filed by Ernesto Zaragosa-Solis, III. (13 pages) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Envelope)(REM) |
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| Petitioner: Ernesto Zaragosa-Solis, III | |
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| Respondent: M Gutierrez | |
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