Charles McKee v. Jeffery Uttecht
| CHARLES DWIGHT MCKEE |
| JEFFERY UTTECHT |
| 22-35541 |
| July 11, 2022 |
| U.S. Court of Appeals, Ninth Circuit |
| Habeas Corpus |
Docket Report
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| Filing 3 Filed order (WILLIAM C. CANBY and MARSHA S. BERZON) The request for a certificate of appealability is denied because the underlying 28 U.S.C. 2254 petition fails to state any federal constitutional claims debatable among jurists of reason. See 28 U.S.C. 2253(c)(2)-(3); Gonzalez v. Thaler, 565 U.S. 134, 140-41 (2012) (When ... the district court denies relief on procedural grounds, the petitioner seeking a COA must show both that jurists of reason would find it debatable whether the petition states a valid claim of the denial of a constitutional right and that jurists of reason would find it debatable whether the district court was correct in its procedural ruling.) (quoting Slack v. McDaniel, 529 U.S. 473, 484 (2000)). Any pending motions are denied as moot. DENIED. [12629159] (WL) [Entered: 01/12/2023 10:33 AM] |
| Filing 2 Filed Appellant Charles Dwight McKee letter dated re: Status Update Notice of Anneal and/or Request for a C.O.A.. Paper filing deficiency: None. [12604273] (JFF) [Entered: 12/07/2022 10:46 AM] |
| Filing 1 Open 9th Circuit docket: needs certificate of appealability. Date COA denied in DC: 06/10/2022. Record on appeal included: Yes. [12490656] (WL) [Entered: 07/11/2022 11:45 AM] |
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| Petitioner: CHARLES DWIGHT MCKEE | |
| Represented By: | Charles Dwight McKee |
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| Respondent: JEFFERY UTTECHT | |
| Represented By: | John Joseph Samson |
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