Edgardo Martinez v. Christian Pfeiffer
Petitioner: EDGARDO ENRIQUE MARTINEZ
Respondent: CHRISTIAN PFEIFFER, Warden
Case Number: 19-71011
Filed: April 25, 2019
Court: U.S. Court of Appeals, Ninth Circuit
Nature of Suit: Other
Docket Report

This docket was last retrieved on June 14, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 14, 2019 Filing 2 Filed order (WILLIAM C. CANBY, SUSAN P. GRABER and MARY H. MURGUIA): The application for authorization to file a second or successive 28 U.S.C. 2254 habeas corpus petition in the district court is denied as unnecessary. Because the applicant does not appear to have filed a section 2254 petition challenging his conviction from Los Angeles Superior Court case number KA087494, the applicant may file a habeas petition without obtaining prior authorization. We express no opinion as to the merits of the applicants claims or whether the procedural requirements of 28 U.S.C. 2244(d) and 2254 are satisfied. The Clerk shall transfer the application filed at Docket Entry No. [ # 1 ] to the United States District Court for the Central District of California. The petition shall be deemed filed in the district court on April 15, 2019, the date on which it was delivered to prison authorities for forwarding to this court. See Fed. R. App. P. 4(c)(1); Houston v. Lack, 487 U.S. 266, 270 (1988); Orona v. United States, 826 F.3d 1196, 1198-99 (9th Cir. 2016) (AEDPAs statute of limitations period is tolled during pendency of an application). Upon transfer of the proposed petition, the Clerk shall close this original action. Any pending motions are denied as moot. No further filings will be entertained in this case. DENIED AS UNNECESSARY; APPLICATION TRANSFERRED to the district court. [11332179] (AF) [Entered: 06/14/2019 02:19 PM]
April 25, 2019 Filing 1 Filed application for leave to file a second or successive petition. (Research) [11277901][COURT UPDATE: New Documents Attached, resent NDA,--[Edited 04/26/2019 by BY](Original sent to SMS) (AF) [Entered: 04/25/2019 04:30 PM]

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Respondent: CHRISTIAN PFEIFFER, Warden
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Petitioner: EDGARDO ENRIQUE MARTINEZ
Represented By: Edgardo Enrique Martinez
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