Mitchell v. CDCR Director et al
| Kenyatta Quinn Mitchell |
| CDCR Director and Rob Bonta |
| 3:2021cv01261 |
| July 12, 2021 |
| U.S. District Court for the Southern District of California |
| Mitchell D Dembin |
| 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 USCA Case Number 21-55971 for #4 Notice of Appeal to the 9th Circuit filed by Kenyatta Quinn Mitchell. (akr) |
| Filing 4 NOTICE OF APPEAL to the 9th Circuit by Kenyatta Quinn Mitchell as to #3 Order. Fee not paid, IFP Motion attached. (Attachments: #1 Motion to Appeal IFP (directed to US Court of Appeals)). (In #3 Order, the US District Court declined to issue a Certificate of Appealability. The documents were received by the Clerk of the US Court of Appeals on 9/3/2021 and were forwarded to the Clerk of the US District Court for processing. Notice of Appeal electronically transmitted to the US Court of Appeals.) (akr) |
Filing 3
ORDER: Summarily Dismissing Successive Petition Pursuant to 28 U.S.C. 2244(b)(3)(A) Gatekeeper Provision; (2) Denying Request to Proceed In Forma Pauperis as Moot; and (3) Declining to Issue Certificate of Appealability (ECF Nos. #1 , #2 ). Because there is no indication that the Ninth Circuit Court of Appeals has granted Petitioner leave to file a second or successive petition, this Court cannot consider the Petition (ECF No. #1 ). Accordingly, the Court DISMISSES the instant Petition WITHOUT PREJUDICE to Petitioner filing a petition in this Court if he obtains the necessary order from the Ninth Circuit Court of Appeals and DENIES Petitioner's IFP Motion (ECF No. #2 ) as moot. The Court further DECLINES to issue a COA. Signed by Judge Janis L. Sammartino on 7/15/2021. (All non-registered users served via U.S. Mail Service, Petitioner mailed a blank Ninth Circuit Application for Leave to File a Second or Successive Petition Under 28 U.S.C. 2254 together with a copy of this Order.) (tcf)
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| Filing 2 MOTION for Leave to Proceed in forma pauperis by Kenyatta Quinn Mitchell. (jms)(jrd) |
| Filing 1 Petition for Writ of Habeas Corpus Against CDCR Director, Rob Bonta, filed by Kenyatta Quinn Mitchell. ($5.00 Filing Fee, Fee Not Paid, IFP Filed) (Attachments: #1 Civil Cover Sheet)The new case number is 3:21-cv-1261-JLS-MDD. Judge Janis L. Sammartino and Magistrate Judge Mitchell D. Dembin are assigned to the case.[Case in Screening] (jms)(jrd) |
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