Frye v. Madden
| KARLOS FRYE |
| RAYMOND MADDEN, WARDEN |
| 22-1631 |
| September 30, 2022 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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Filing 4
ORDER FILED. J. Clifford WALLACE, Richard C. TALLMAN, Jay S. BYBEE In this application for authorization to file a second or successive 28 U.S.C. 2254 habeas corpus petition in the district court, the applicant contends that trial counsel was ineffective for failing to move for a judgment of acquittal. The applicant raised this claim in a 2254 petition filed in the United States District Court for the Eastern District of California, case number 2:21-cv-01682-KJM-JDP, decided on May 23, 2022. Accordingly, this claim is dismissed. See 28 U.S.C. 2244(b)(1); Chades v. Hill, 976 F.3d 1055, 1056 (9th Cir. 2020) (stating that this court may not authorize a claim barred by 2244(b)(1)). With respect to the remaining claim, the application is denied....To the extent the applicant contends that he is entitled to authorization to file a second or successive 2254 habeas petition under Schlup v. Delo, 513 U.S. 298 (1995), he is incorrect. See Gage v. Chappell, 793 F.3d 1159, 1166- 69 (9th Cir. 2015) (holding that Schlup does not abrogate 2244(b)(2)(B)). To the extent the applicant seeks to appeal the judgment entered in case number 2:21-cv-01682-KJM-JDP, we decline to treat the application as a notice of appeal because it was not filed within 30 days after entry of the judgment on May 23, 2022. See Fed. R. App. P. 4(a)(1); Smith v. Barry, 502 U.S. 244, 248-49 (1992) (If a document filed within the time specified by Rule 4 gives the notice required by Rule 3, it is effective as a notice of appeal.). Any pending motions are denied as moot. No further filings will be entertained in this case. DENIED. (SEE ORDER FOR FULL TEXT) [Entered: 12/12/2022 12:28 PM]
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| Filing 3 SOS DOCKETING NOTICE. Application for Permission to File a Second or Successive Habeas Corpus Petition has been opened and assigned the Ninth Circuit case number 22-1631. All subsequent correspondence regarding this matter will be added to your file to be considered at the same time the cause is brought before the court. The case number and the title of your case should be shown in the upper right corner of any correspondence to the clerk's office, and should be directed to the above address pursuant to Circuit Rule 25-1. [Entered: 09/30/2022 02:05:00 PM] |
| Filing 2 CASE OPENED. Application for Leave to File Second or Successive 2254 Petition has been received in the Clerk's office of the United States Court of Appeals for the Ninth Circuit on 9/30/2022. The U.S. Court of Appeals docket number 22-1631 has been assigned to this case. [Entered: 09/30/2022 02:04:00 PM] |
| Filing 1 Application for Leave to File 28 U.S.C. 2254 Second or Successive Petition. [Entered: 09/30/2022 01:10:00 PM] |
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| Petitioner: KARLOS FRYE | |
| Represented By: | Karlos Frye |
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| Respondent: RAYMOND MADDEN, WARDEN | |
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