Lupercio v. Broomfield
| RAMON NAVARRO LUPERCIO |
| RON BROOMFIELD, WARDEN |
| 22-2088 |
| December 28, 2022 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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This docket was last retrieved on March 21, 2023. A more recent docket listing may be available from PACER.
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Filing 7
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, as supplemented by Docket Entry No. 5, 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 applicants motion to vacate unpaid restitution, fines, and fees under California state law is denied without prejudice to the applicant seeking such relief, if available, before the appropriate state court. Any other pending motions are denied. No further filings will be entertained in this case. DENIED. [Entered: 03/21/2023 12:08 PM]
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Filing 6
ORDER FILED. The applicant has filed an application for authorization to file a second or successive 28 U.S.C. 2254 habeas petition. Page 34 of the application was provisionally redacted and sealed because it contains confidential information. The Clerk will maintain page 34 in Docket Entry No. 1 redacted and sealed, in accordance with Ninth Circuit Rule 27-13, and will leave only the application at pages 1-33 and 35-103 publicly available. [Entered: 03/20/2023 11:17 AM]
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| Filing 5 Exhibit to 2254 Petition. [Entered: 01/20/2023 10:58 AM] |
| Filing 4 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 22-2088. 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 04:20 PM] |
| Filing 3 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 22-2088 has been assigned to this case. [Entered: 12/28/2022 04:17 PM] |
| Filing 2 Exhibit to 2254 Petition. [Entered: 12/28/2022 04:16 PM] |
| Filing 1 Application for Leave to File 28 U.S.C. 2254 Second or Successive Petition. Attached redacted version of application. [Entered: 12/28/2022 04:16 PM] [Edited: 03/08/2023 12:26 PM] |
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| Petitioner: RAMON NAVARRO LUPERCIO | |
| Represented By: | Ramon Navarro Lupercio |
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| Respondent: RON BROOMFIELD, WARDEN | |
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