Pickett v. Samuel
| NORMAN CHARLES PICKETT, JR. |
| DANNY SAMUEL, WARDEN |
| 22-418 |
| March 4, 2022 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 14 DOCUMENT SENT. Sent Appellant a copy of the docket sheet. [Entered: 10/14/2022 01:36 PM] |
| Filing 13 CORRESPONDENCE filed by Petitioner Norman Charles Pickett, Jr.. [Entered: 09/23/2022 02:10:00 PM] |
| Filing 12 CORRESPONDENCE filed by Petitioner [Entered: 08/17/2022 10:27:00 AM] |
| Filing 11 CLERK ACTION: Supplemental Brief submitted at DE 9 by Petitioner is filed. Original and 0 copies. [Entered: 05/24/2022 02:20:00 PM] |
Filing 10
ORDER FILED. The applicants request (Docket Entry No. 8) to file a late supplemental brief is granted. The Clerk will file the supplemental brief at Docket Entry No. 9. Accordingly, we consider the application to file a second or successive 28 U.S.C. 2254 petition received by this court on March 4, 2022 and as supplemented by Docket Entry Nos. 2, 5, and 9. Insofar as the application for authorization to file a second or successive 2254 habeas corpus petition, as supplemented by Docket Entry Nos. 2, 5, and 9, alleges claims that were previously presented in the applicants petition for writ of habeas corpus, filed in the United States District Court for the Eastern District of California, case number 2:98-cv-01784-WBS-DAD, decided on the merits on November 2, 2001, those claims are dismissed. See 28 U.S.C. 2244(b)(1); Chades v. Hill, 976 F.3d 1055, 1056 (9th Cir. 2020) (stating that this court may not authorize a claim barred by 2244(b)(1)). To the extent the application, as supplemented by Docket Entry Nos. 2, 5 and 9, alleges new claims, authorization 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: 05/23/2022 10:41 AM]
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| Filing 9 SUPPLEMENTAL BRIEF submitted for filing by Petitioner Norman Charles Pickett. [Entered: 05/10/2022 03:37:00 PM] |
| Filing 8 MOTION to accept late filing filed by Petitioner Norman Chalres Pickett. [Entered: 05/10/2022 03:35:00 PM] |
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Filing 7
ORDER FILED. The applicants motion for an extension of time to submit a supplemental brief (Docket Entry No. 6) is granted. Any supplemental brief by the applicant is due by April 29, 2022. If the applicant does not timely submit the supplemental brief, the court will consider the application to file a second or successive 28 U.S.C. 2254 petition received by this court on March 4, 2022 and as supplemented by Docket Entry Nos. 2 and 5. [Entered: 04/22/2022 01:54:00 PM]
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| Filing 6 MOTION to extend time to file supplemental brief filed by Petitioner Norman Charles Pickett . [Entered: 04/13/2022 09:17:00 AM] |
| Filing 5 Exhibit to 2254 Petition. [Entered: 03/09/2022 02:14:00 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 22-418. 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: 03/04/2022 02:28:00 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 3/4/2022. The U.S. Court of Appeals docket number 22-418 has been assigned to this case. [Entered: 03/04/2022 02:15:00 PM] |
| Filing 2 Exhibit to 2254 Petition. [Entered: 03/04/2022 01:08:00 PM] |
| Filing 1 Application for Leave to File 28 U.S.C. 2254 Second or Successive Petition. [Entered: 03/04/2022 01:08:00 PM] |
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| Petitioner: NORMAN CHARLES PICKETT, JR. | |
| Represented By: | Norman Charles Pickett, Jr |
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| Respondent: DANNY SAMUEL, WARDEN | |
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