Suarez v. Robertson
| JOSE ALFREDO SUAREZ |
| STEPHEN SMITH, ACTING WARDEN and JAMES ROBERTSON, WARDEN |
| 22-2097 |
| December 30, 2022 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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This docket was last retrieved on March 17, 2023. A more recent docket listing may be available from PACER.
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Filing 10
ORDER FILED. SILVERMAN, SUNG, and SANCHEZ, Circuit Judges. The applicants motion for appointment of counsel is denied. 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. 2, 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. Any pending motions are denied as moot. No further filings will be entertained in this case. DENIED. [Entered: 03/17/2023 04:02 PM]
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| Filing 9 TERMINATED participation of Respondent James Robertson. [Entered: 02/03/2023 09:34 AM] |
| Filing 8 ADDED Respondent Stephen Smith. [Entered: 02/03/2023 09:32 AM] |
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Filing 7
ORDER FILED. The request to correct the case caption (Docket Entry No. 6) is granted. Stephen Smith, Acting Warden, is substituted for James Robertson. See Fed. R. App. P. 43(c). [Entered: 02/02/2023 04:31 PM]
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| Filing 6 MOTION to amend case caption filed by Petitioner Jose Alfredo Suarez. [Entered: 01/11/2023 03:05 PM] |
| 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 22-2097. 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: 12/30/2022 03:54 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 12/30/2022. The U.S. Court of Appeals docket number 22-2097 has been assigned to this case. [Entered: 12/30/2022 03:50 PM] |
| Filing 2 Exhibit to 2254 Petition. [Entered: 12/30/2022 03:48 PM] |
| Filing 1 Application for Leave to File 28 U.S.C. 2254 Second or Successive Petition. [Entered: 12/30/2022 03:48 PM] |
| Filing 5 MOTION for appointment of counsel filed by Petitioner(s). [Entered: 01/05/2023 03:40 PM] |
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