Brooks v. Johnson
| RENARD BROOKS, JR. |
| RAYBON JOHNSON, WARDEN |
| 22-723 |
| April 17, 2022 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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Filing 6
ORDER FILED. The applicant has filed at Docket Entry No. 5 a Motion for Reconsideration, Rehearing, and Clarification. The applicant is informed that the courts May 23, 2022 order stated: No further filings will be entertained in this case. The court, therefore, will not take any action on the applicants filing. [Entered: 07/21/2022 10:06:00 AM]
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| Filing 5 MOTION to reconsider dispositive order filed by Petitioner Renard Brooks, Jr. Deficiencies: case closed, no further filings per 5/23/2022 order. (Sent Petitioner copy of 5/23/2022 order and docket sheet.) [Entered: 07/11/2022 11:51:00 AM] |
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Filing 4
ORDER FILED. CANBY, TASHIMA, and NGUYEN. Insofar as the application for authorization to file a second or successive 28 U.S.C. 2254 habeas corpus petition raises claims that were previously presented in the applicants 2254 petition filed in the United States District Court for the Eastern District of California, case number 1:18-cv-00883-LJO-JLT, decided on January 8, 2019, 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 alleges new claims, the application 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. All pending motions and requests are denied. No further filings will be entertained in this case. DENIED. [Entered: 05/23/2022 11:57:00 AM]
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| 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 22-723. 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: 04/18/2022 03:17:00 PM] |
| 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 4/18/2022. The U.S. Court of Appeals docket number 22-723 has been assigned to this case. [Entered: 04/18/2022 03:12:00 PM] |
| Filing 1 Application for Leave to File 28 U.S.C. 2254 Second or Successive Petition. [Entered: 04/18/2022 01:10:00 PM] |
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| Petitioner: RENARD BROOKS, JR. | |
| Represented By: | Renard Brooks, Jr |
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| Respondent: RAYBON JOHNSON, WARDEN | |
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