Murray Hooper v. David Shinn, et al
| MURRAY HOOPER |
| DAVID SHINN, Director, Arizona Department of Corrections, Rehabilitation & Reentry, STACI IBARRA, Warden, Eyman Prison and RODNEY CARR, Warden, Florence Prison |
| 22-99012 |
| November 15, 2022 |
| U.S. Court of Appeals, Ninth Circuit |
| Habeas Corpus: Death Penalty |
Docket Report
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This docket was last retrieved on November 15, 2022. A more recent docket listing may be available from PACER.
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Filing 13
MANDATE ISSUED.(JHN, MJB and RDN) [12588305] (SVG) [Entered: 11/15/2022 11:06 PM]
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Filing 12
Filed order (MARY H. MURGUIA, Chief Judge) No party filed a petition for rehearing en banc from the panels November 15, 2022, opinion affirming the district courts denial of Hoopers section 2254 petition. A deadline was set by which any judge could request a vote on whether the panels November 15, 2022, opinion should be reheard en banc. No judge requested a vote within the time period. Accordingly, en banc proceedings with respect to the panels opinion are concluded. The mandate shall issue forthwith. [12588304] (SVG) [Entered: 11/15/2022 11:05 PM]
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Filing 11
Filed clerk order (Deputy Clerk: MCD): Any petition for panel rehearing or rehearing en banc from the panels November 15, 2022, decision affirming the district courts denial of Hoopers section 2254 petition is due at 10:30 p.m. Pacific Time on Tuesday, November 15. Respondents may file an optional response to the petition on or before 11:00 p.m. Pacific Time on Tuesday, November 15. [12588302] (SVG) [Entered: 11/15/2022 09:26 PM]
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Filing 10
FILED PER CURIAM OPINION (JACQUELINE H. NGUYEN, MARK J. BENNETT and RYAN D. NELSON) We AFFIRM the district court. It properly dismissed Hoopers due process and actual innocence claims. It also correctly determined that the Brady and Napue claims are second or successive subject to 2244(b)(2). Because Hooper has failed to meet the requirements under 2244(b)(2)(B) as to his Brady and Napue claims, his petition, which we construe as a request for leave to file a second or successive petition, is DENIED. For the foregoing reasons, we also deny Hoopers motion for a stay of execution.. FILED AND ENTERED JUDGMENT. [12588300] (MM) [Entered: 11/15/2022 09:14 PM]
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Filing 9
SUBMITTED ON THE BRIEFS TO JACQUELINE H. NGUYEN, MARK J. BENNETT and RYAN D. NELSON. [12588299] (MM) [Entered: 11/15/2022 09:11 PM]
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Filing 8
Filed clerk order: The answering brief [ # 5 ] submitted by appellees is filed. No paper copies are required at this time. [12588292] (LA) [Entered: 11/15/2022 08:05 PM]
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Filing 7
Filed clerk order: The opening brief [ # 3 ] and excerpts of record [ # 4 ] submitted by Murray Hooper are filed. No paper copies are required at this time. [12588291] (LA) [Entered: 11/15/2022 08:04 PM]
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Filing 6
Filed (ECF) Appellant Murray Hooper Motion for miscellaneous relief [MOTION FOR STAY OF EXECUTION]. Date of service: 11/15/2022. [12588286] [22-99012] (Culshaw, Kelly) [Entered: 11/15/2022 07:58 PM]
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Filing 5
Submitted (ECF) Answering Brief for review. Submitted by Appellee David Shinn. Date of service: 11/15/2022. [12588285] [22-99012] (Sparks, Jeffrey) [Entered: 11/15/2022 07:57 PM]
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Filing 4
Submitted (ECF) excerpts of record. Submitted by Appellant Murray Hooper. Date of service: 11/15/2022. [12588284] [22-99012] (Culshaw, Kelly) [Entered: 11/15/2022 07:56 PM]
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Filing 3
Submitted (ECF) Opening Brief for review. Submitted by Appellant Murray Hooper. Date of service: 11/15/2022. [12588282] [22-99012] (Culshaw, Kelly) [Entered: 11/15/2022 07:55 PM]
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Filing 2
Filed order (JACQUELINE H. NGUYEN, MARK J. BENNETT and RYAN D. NELSON) On November 15, 2022, Murray Hooper appealed the district courts order denying his habeas petition. The briefing schedule in the Ninth Circuit is set as follows. The parties are instructed to file simultaneous briefs and any motions by 8:00 p.m. Pacific Standard Time on Tuesday, November 15, 2022. No oral argument or motions to extend time will be permitted. [12588247] (SVG) [Entered: 11/15/2022 06:09 PM]
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Filing 1
DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. [12588232] (HH) [Entered: 11/15/2022 05:30 PM]
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