Davis v. Bonta
Petitioner: Gavin B. Davis
Respondent: Rob Bonta
Case Number: 3:2021cv02042
Filed: December 7, 2021
Court: US District Court for the Southern District of California
Presiding Judge: Janis L Sammartino
Referring Judge: Bernard G Skomal
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28 U.S.C. ยง 2254
Jury Demanded By: None
Docket Report

This docket was last retrieved on June 13, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 31, 2022 Opinion or Order Filing 15 ORDER of USCA as to #12 Notice of Appeal to the 9th Circuit filed by Gavin B. Davis. The USCA denied appellant's request for a certificate of appealability on January 18, 2022. Insofar as appellant's subsequent filings seek reconsideration, the request for reconsideration is denied. Appellant's motion for reconsideration en banc is denied on behalf of the court. Any remaining outstanding motions and requests are denied. No further filings will be entertained in this closed case. (akr)
January 18, 2022 Opinion or Order Filing 14 ORDER of USCA as to #12 Notice of Appeal to the 9th Circuit filed by Gavin B. Davis. This appeal is from the denial of appellant's 28 U.S.C. 2254 petition and subsequent Federal Rule of Civil Procedure 59(e) motion. The request for a certificate of appealability is denied because appellant has not shown that "jurists of reason would find it debatable whether the petition states a valid claim of the denial of a constitutional right and that jurists of reason would find it debatable whether the district court was correct in its procedural ruling." Any pending motions are denied as moot. Denied. (akr)
January 3, 2022 Filing 13 USCA Case Number 22-55000 for #12 Notice of Appeal to the 9th Circuit filed by Gavin B. Davis. (akr)
December 30, 2021 Filing 12 NOTICE OF APPEAL to the 9th Circuit by Gavin B. Davis. Fee not paid. (In #6 Order, the US District Court declined to issue a Certificate of Appealability. In #11 Order, the US District Court denied a Certificate of Appealability. Notice of Appeal electronically transmitted to the US Court of Appeals.) (akr)
December 27, 2021 Opinion or Order Filing 11 ORDER Denying Petitioner's Motion for Relief From Judgment and Denying Certificate of Appealability (ECF no. #9 ]. Signed by Judge Janis L. Sammartino on 12/27/2021. (All non-registered users served via U.S. Mail Service)(anh)
December 20, 2021 Filing 10 MOTION for Disqualification of Judge Sammartino by Gavin B. Davis. (jms)
December 20, 2021 Filing 9 FRCP 59, 38 Motion for Relief on the Court's Order (Doc #6 ) and Judgment (Doc. #7 ) by Gavin B. Davis. (tcf)
December 20, 2021 Opinion or Order Filing 8 Notice of Document Discrepancies and Order Thereon by Judge Janis L. Sammartino Accepting Document: FRCP 59, 38 Motion for Relief on the Courts Order (Doc #6 ) and Judgement (Doc. #7 ), from Petitioner Gavin B. Davis. Non-compliance with local rule(s), Civ. L. Rule 5.1: Missing time and date on motion and/or supporting documentation. Signed by Judge Janis L. Sammartino on 12/20/2021. (All non-registered users served via U.S. Mail Service) (tcf)
December 9, 2021 Filing 7 CLERK'S JUDGMENT. The Court lacks jurisdiction over the Petition, which is DISMISSED for lack of jurisdiction. Petitioners Motions (ECF Nos. 2, 4, 5) are DENIED as moot. The Court DECLINES to issue a Certificate of Appealability because jurists of reason would not find the jurisdictional ruling debatable. Case is closed. Signed by Judge Janis L. Sammartino on 12/9/2021.(All non-registered users served via U.S. Mail Service)(dxf)
December 9, 2021 Opinion or Order Filing 6 Order Dismissing Petition, Denying Petitioner's Motions As Moot And Declining To Issue A Certificate Of Appealability #4 , #5 , #2 . Signed by Judge Janis L. Sammartino on 12/9/2021. (All non-registered users served via U.S. Mail Service)(dxf)
December 7, 2021 Filing 5 MOTION for Evidentiary Hearing by Gavin B. Davis. (jms)
December 7, 2021 Filing 4 MOTION to Compel Disclosure of Correspondence Between Trial Counsel and Opposition by Gavin B. Davis. (jms)
December 7, 2021 Filing 3 NOTICE of Brady/CA PC 1054 Motion by Gavin B. Davis (jms)
December 7, 2021 Filing 2 MOTION to Appoint Counsel by Gavin B. Davis. (jms)
December 7, 2021 Filing 1 Petition for Writ of Habeas Corpus Against Rob Bonta, filed by Gavin B. Davis. (Filing fee $5.00 - receipt number CAS134521.) (Attachments: #1 Civil Cover Sheet, #2 Receipt)The new case number is 3:21-cv-2042-JLS-BGS. Judge Janis L. Sammartino and Magistrate Judge Bernard G. Skomal are assigned to the case.(jms)(jrd)

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Petitioner: Gavin B. Davis
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Respondent: Rob Bonta
Represented By: Attorney General
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