Larson v. Cates
| Harvey E. Larson |
| B. Cates |
| 3:2021cv01628 |
| September 15, 2021 |
| U.S. District Court for the Southern District of California |
| Daniel E Butcher |
| Todd W Robinson |
| 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 21-56146 for #4 Notice of Appeal to the 9th Circuit filed by Harvey E. Larson. (akr) |
| Filing 4 NOTICE OF APPEAL to the 9th Circuit by Harvey E. Larson as to #3 Clerk's Judgment. Fee not paid. (In #2 Summary Dismissal, the US District Court denied a Certificate of Appealability. Notice of Appeal electronically transmitted to the US Court of Appeals.) (akr) |
| Filing 3 CLERK'S JUDGMENT. There is no indication the Ninth Circuit Court of Appeals has granted Petitioner leave to file a successive petition. Because the Court cannot consider Petitioners Petition, 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. 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)(sxa) (dlg). |
| Filing 2 SUMMARY DISMISSAL of Successive Petition Pursuant to 28 U.S.C. 2244(b)(3)(A). Signed by Judge Todd W. Robinson on 9/16/21.(All non-registered users served via U.S. Mail Service, Blank Ninth Circuit Application for Leave attached for petitioner)(sxa) (dlg). |
| Filing 1 Petition for Writ of Habeas Corpus Against B. Cates, filed by Harvey E. Larson. ($5.00 Filing Fee, Fee Not Paid, IFP Not Filed) (Attachments: #1 Civil Cover Sheet)The new case number is 3:21-cv-1628-TWR-DEB. Judge Todd W. Robinson and Magistrate Judge Daniel E. Butcher are assigned to the case.(jms)(jrd) |
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| Petitioner: Harvey E. Larson | |
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| Respondent: B. Cates | |
| Represented By: | Attorney General |
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