Patterson v. Martinez
BRYAN DAMON PATTERSON |
TRENT ALLEN, ACTING WARDEN and LUIS MARTINEZ, WARDEN |
22-2082 |
December 28, 2022 |
U.S. Court of Appeals, Ninth Circuit |
Other |
Docket Report
This docket was last retrieved on March 16, 2023. A more recent docket listing may be available from PACER.
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Filing 8 TERMINATED participation of Respondent Luis Martinez. [Entered: 03/16/2023 03:18 PM] |
Filing 7 ADDED Respondent Trent Allen. [Entered: 03/16/2023 03:16 PM] |
Filing 6 ORDER FILED. Barry G. SILVERMAN, Jennifer SUNG, Gabriel P. SANCHEZ 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. The applicant is informed that the 30-day time limit in 28 U.S.C. 2244(b)(3)(D) is hortatory, not mandatory. See Jones v. United States, 36 F.4th 974, 981 n.4 (9th Cir. 2022). The applicants motion for court correction of case title to People of the State of California is denied. The proper respondent is the state officer who has custody over the applicant. See Rule 2(a), Rules Governing Section 2254 Cases, 28 U.S.C. foll. 2254. The California Department of Corrections and Rehabilitation website indicates that the applicant is now located at Salinas Valley State Prison. The Clerk will update the docket to reflect the applicants current address: V10444, Salinas Valley State Prison, P.O. Box 1050, Soledad, CA 93960-1050. Trent Allen, Acting Warden for Salinas Valley State Prison, is substituted as the respondent. See Fed. R. App. P. 43(c). All remaining motions are denied as moot. No further filings will be entertained in this case. DENIED. [Entered: 03/16/2023 03:01 PM] |
Filing 5 MOTION to expedite filed by Petitioner Bryan Damon Patterson. [Entered: 03/01/2023 09:37 AM] |
Filing 4 MOTION to amend case caption filed by Petitioner Bryan Damon Patterson. [Entered: 01/06/2023 05:03 PM] |
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 22-2082. 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: 12/28/2022 09:30 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 12/27/2022. The U.S. Court of Appeals docket number 22-2082 has been assigned to this case. [Entered: 12/28/2022 09:28 AM] |
Filing 1 Application for Leave to File 28 U.S.C. 2254 Second or Successive Petition. [Entered: 12/28/2022 09:27 AM] |
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