Chestra v. Johnson
| DAVID CHESTRA |
| RAYBON JOHNSON, WARDEN |
| 22-900 |
| May 18, 2022 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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Filing 5
ORDER FILED. Mary M. SCHROEDER, Ryan D. NELSON, Lawrence VANDYKE The applicants 28 U.S.C. 2254 habeas petition, transferred to this court pursuant to Ninth Circuit Rule 22-3(a), is treated as an application to file a second or successive 2254 habeas petition. So treated, the application only raises claims that were previously presented in the applicants 2254 habeas petition filed in the United States District Court for the Central District of California, case number 2:19-cv-04675-RSWL-GJS, decided on February 1, 2021. Accordingly, these claims are dismissed, and the application is denied. 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)). Any pending motions are denied as moot. No further filings will be entertained in this case. DENIED. [Entered: 07/18/2022 11:57:00 AM]
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| Filing 4 SOS TRANSFER FROM DISTRICT COURT DOCKETING NOTICE. Application for Permission to File a Second or Successive Habeas Corpus Petition transferred to this Court, U.S. Court of Appeals for the Ninth Circuit (Ninth Circuit), from the district court has been opened and assigned the Ninth Circuit case number 22-900. 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 Ninth Circuit 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: 05/18/2022 04:57:00 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 5/18/2022. The U.S. Court of Appeals docket number 22-900 has been assigned to this case. [Entered: 05/18/2022 04:56:00 PM] |
| Filing 2 Application for Leave to File 28 U.S.C. 2254 Second or Successive Petition. [Entered: 05/18/2022 04:51:00 PM] |
| Filing 1 District Court Transfer Order [Entered: 05/18/2022 04:51:00 PM] |
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| Petitioner: DAVID CHESTRA | |
| Represented By: | David Chestra |
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| Respondent: RAYBON JOHNSON, WARDEN | |
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