Smann v. Covello
| Mon Smann |
| Patrick Covello |
| 3:2020cv01397 |
| July 21, 2020 |
| US District Court for the Southern District of California |
| Anthony J Battaglia |
| Michael S Berg |
| Linda Lopez |
| Janis L Sammartino |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 |
| None |
Docket Report
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| Document Text |
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| Filing 5 CLERK'S JUDGMENT. IT IS SO ORDERED AND ADJUDGED that because there is no indication Petitioner has obtained permission from the Ninth Circuit Court ofAppeals to file a successive petition, this Court cannot consider his Petition. Accordingly, the Court dismisses this action without prejudice to Petitioner filing a petition in this court if he obtains the necessary order from the Ninth Circuit Court of Appeals. Further, because Petitioner has failed to make "a substantial showing of the denial of a constitutional right," and reasonable jurists would not find debatable this Court's assessment of his claims, the Court denies a certificate of appealability. (All non-registered users served via U.S. Mail Service)(jrm) |
| Filing 4 Summary Dismissal of Successive Petition Pursuant to 28 U.S.C. 2244(b)(3)(A) Gatekeeper Provision. Signed by Judge Anthony J. Battaglia on 7/29/2020.(All non-registered users served via U.S. Mail Service)(jrm) |
Filing 3
ORDER OF TRANSFER PURSUANT TO LOW NUMBER RULE. Case reassigned to Judge Anthony J. Battaglia and Magistrate Judge Linda Lopez for all further proceedings. Judge Janis L. Sammartino, Magistrate Judge Michael S. Berg no longer assigned to case. Create association to 3:18-cv-00800-AJB-LL. The new case number is 20CV1397-AJB(LL).. Signed by Judge Janis L. Sammartino on 7/27/2020. Signed by Judge Anthony J. Battaglia on 7/27/2020.(All non-registered users served via U.S. Mail Service)(jpp)
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| Filing 2 MOTION for Leave to Proceed in forma pauperis by Mon Smann. (jms)(jrd) |
| Filing 1 Petition for Writ of Habeas Corpus Against Patrick Covello, filed by Mon Smann. ($5.00 Filing Fee, Fee Not Paid, IFP Filed) (Attachments: #1 Civil Cover Sheet)The new case number is 3:20-cv-1397-JLS-MSB. Judge Janis L. Sammartino and Magistrate Judge Michael S. Berg are assigned to the case.[Case in Screening] (jms)(jrd) |
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| Respondent: Patrick Covello | |
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| Petitioner: Mon Smann | |
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