Fox Salerno v. Charles Ryan
| FOX JOSEPH SALERNO |
| CHARLES L. RYAN |
| 19-71167 |
| May 13, 2019 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 3 Filed Petitioner Fox Joseph Salerno motion for reconsideration and an en banc hearing. Deficiencies: Case closed, no further filings per 05/29/2019 order. Served on 06/12/2019. (Sent petitioner copy of 05/29/2019 order and docket sheet) [11336041] (QDL) [Entered: 06/18/2019 02:44 PM] |
| Filing 2 Filed order (EDWARD LEAVY, CONSUELO M. CALLAHAN and CARLOS T. BEA) The application for authorization to file a second or successive 28 U.S.C. 2254 habeas corpus petition in the district court is denied. The applicant has not made a prima facie showing under 28 U.S.C. 2244(b)(2) that: (A) the claim relies on a new rule of constitutional law, made retroactive to cases on collateral review by the Supreme Court, that was previously unavailable; or (B)(i) the factual predicate for the claim could not have been discovered previously through the exercise of due diligence; and (ii) the facts underlying the claim, if proven and viewed in light of the evidence as a whole, would be sufficient to establish by clear and convincing evidence that, but for constitutional error, no reasonable factfinder would have found the applicant guilty of the underlying offense. Any pending motions are denied as moot. No further filings will be entertained in this case. DENIED. [11312304] (JBS) [Entered: 05/29/2019 02:40 PM] |
| Filing 1 Filed application for leave to file a second or successive petition with attachments. (Research) [11296312] (AF) [Entered: 05/14/2019 09:39 AM] |
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| Respondent: CHARLES L. RYAN | |
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| Petitioner: FOX JOSEPH SALERNO | |
| Represented By: | Fox Joseph Salerno |
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