Johnny Guevara v. Ralph Diaz

Johnny Guevara v. Ralph Diaz

Petitioner / Appellant:	JOHNNY GUEVARA
Respondent / Appellee:	RALPH M. DIAZ, Acting Secretary for the California Department of Corrections and Rehabilitation
Case Number:	20-55691
Filed:	July 8, 2020
Court:	U.S. Court of Appeals, Ninth Circuit
Nature of Suit:	Other

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Docket Report

This docket was last retrieved on August 18, 2020. A more recent docket listing may be available from PACER.

Date Filed	Document Text
August 18, 2020	Filing 2 Filed order (MARY M. SCHROEDER and SUSAN P. GRABER) : 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. Slack v. McDaniel, 529 U.S. 473, 484 (2000); see also 28 U.S.C. 2253(c)(2); Gonzalez v. Thaler, 565 U.S. 134, 140-41 (2012). In order for a district court to consider a second or successive 28 U.S.C. 2254 petition, this court must first authorize the district court to consider that petition. See 28 U.S.C. 2244(b)(3). The Clerk will serve this order and a copy of the standard form application for leave to file a second or successive petition on appellant. Any pending motions are denied as moot. DENIED. [11794137] (RT) [Entered: 08/18/2020 04:59 PM]
July 8, 2020	Filing 1 Open 9th Circuit docket: needs certificate of appealability. Date COA denied in DC: 06/11/2020. Record on appeal included: Yes. (Electronic: PACER) [11745812] (WL) [Entered: 07/08/2020 11:23 AM]

Date Filed

Document Text

August 18, 2020

Filing 2 Filed order (MARY M. SCHROEDER and SUSAN P. GRABER) : 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. Slack v. McDaniel, 529 U.S. 473, 484 (2000); see also 28 U.S.C. 2253(c)(2); Gonzalez v. Thaler, 565 U.S. 134, 140-41 (2012). In order for a district court to consider a second or successive 28 U.S.C. 2254 petition, this court must first authorize the district court to consider that petition. See 28 U.S.C. 2244(b)(3). The Clerk will serve this order and a copy of the standard form application for leave to file a second or successive petition on appellant. Any pending motions are denied as moot. DENIED. [11794137] (RT) [Entered: 08/18/2020 04:59 PM]

July 8, 2020

Filing 1 Open 9th Circuit docket: needs certificate of appealability. Date COA denied in DC: 06/11/2020. Record on appeal included: Yes. (Electronic: PACER) [11745812] (WL) [Entered: 07/08/2020 11:23 AM]

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Petitioner / appellant: JOHNNY GUEVARA
Represented By:	Johnny Guevara
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Respondent / appellee: RALPH M. DIAZ, Acting Secretary for the California Department of Corrections and Rehabilitation
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