Booth v. Gastelo
| Edward Booth |
| J. Gastelo |
| 3:2021cv01259 |
| July 12, 2021 |
| US District Court for the Southern District of California |
| Cathy Ann Bencivengo |
| Daniel E Butcher |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 |
| None |
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| Filing 3 CLERK'S JUDGMENT. IT IS SO ORDERED AND ADJUDGED that because there is no indication Petitioner has obtained permission from the Ninth Circuit Court of Appeals 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 Courts assessment of his claims, the Court DENIES a certificate of appealability. See 28 U.S.C. 2253(c); see also Rules Governing 2254 Cases, Rule 11(a) (requiring the district court that issues an order denying a habeas petition to either grant or deny a certificate of appealability).(All non-registered users served via U.S. Mail Service)(anh) |
| Filing 2 Summary Dismissal of Successive Petition Pursuant to 28. U.S.C. 2244(b)(3)(A)Gatekeeper Provision. Signed by Judge Cathy Ann Bencivengo on 7/15/2021.(All non-registered users served via U.S. Mail Service)(Ninth Circuit Application for Leave to File Second or SuccessivePetition mailed with order)(anh) |
| Filing 1 Petition for Writ of Habeas Corpus Against J. Gastelo, filed by Edward Booth. ($5.00 Filing Fee, Fee Not Paid, IFP Not Filed) (Attachments: #1 Civil Cover Sheet)The new case number is 3:21-cv-1259-CAB-DEB. Judge Cathy Ann Bencivengo and Magistrate Judge Daniel E. Butcher are assigned to the case.(jms)(jrd) |
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| Petitioner: Edward Booth | |
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| Respondent: J. Gastelo | |
| Represented By: | Attorney General |
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