Seka v. Johnson
| JOHN JOSEPH SEKA |
| CALVIN JOHNSON, WARDEN |
| 22-1795 |
| November 2, 2022 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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Filing 4
ORDER FILED. Ferdinand F. FERNANDEZ, Michelle T. FRIEDLAND, Holly A. THOMAS The application for authorization to file a second or successive 28 U.S.C. 2254 habeas corpus petition in the district court is granted. 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 will transfer the proposed 2254 petition filed at Docket Entry No. 1, to the United States District Court for the District of Nevada. The proposed petition is deemed filed in the district court on November 1, 2022, the date the application was filed in this court. See 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). The Clerk will also serve on the district court this order and the application filed at Docket Entry No 1. Upon transfer of the proposed petition, the Clerk will close this original action. No further filings will be entertained in this case. GRANTED; PROPOSED PETITION TRANSFERRED to the district court. [Entered: 02/17/2023 02:44 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 22-1795. 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: 11/02/2022 10:50 AM] |
| 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 11/1/2022. The U.S. Court of Appeals docket number 22-1795 has been assigned to this case. [Entered: 11/02/2022 10:47 AM] |
| Filing 1 Application for Leave to File 28 U.S.C. 2254 Second or Successive Petition. Attached PDFs of exhibits. [Entered: 11/02/2022 10:43 AM] [Edited: 11/02/2022 04:51 PM] |
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| Petitioner: JOHN JOSEPH SEKA | |
| Represented By: | Mr. Jonathan Michael Kirshbaum |
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| Respondent: CALVIN JOHNSON, WARDEN | |
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