Steven Bailey v. CDCR
| STEVEN DWAYNE BAILEY |
| CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION |
| 21-16100 |
| June 29, 2021 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
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| Filing 3 Filed Appellant Steven Dwayne Bailey motion for clarification of court's 8/13/21 order. Deficiencies: None. Served on 08/22/2021. [12212610] (DJV) [Entered: 08/26/2021 02:38 PM] |
| Filing 2 Filed order (MILAN D. SMITH, JR. and ANDREW D. HURWITZ): 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). The denial of appellants request for a certificate of appealability does not preclude him from pursuing conditions of confinement claims in a properly filed civil action brought pursuant to 42 U.S.C. 1983. Any pending motions are denied as moot. DENIED. [12201320] (AF) [Entered: 08/13/2021 03:01 PM] |
| Filing 1 Open 9th Circuit docket: needs certificate of appealability. Date COA denied in DC: 06/14/2021. Record on appeal included: Yes. [12158025] (WL) [Entered: 06/29/2021 02:56 PM] |
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| Petitioner / appellant: STEVEN DWAYNE BAILEY | |
| Represented By: | Steven Dwayne Bailey |
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| Respondent / appellee: CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION | |
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