Mario Torres v. Scott Kernan

Mario Torres v. Scott Kernan

Petitioner / Appellant:	MARIO TORRES
Respondent / Appellee:	SCOTT KERNAN
Case Number:	23-15866
Filed:	June 12, 2023
Court:	U.S. Court of Appeals, Ninth Circuit
Nature of Suit:	Habeas Corpus

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Docket Report

This docket was last retrieved on August 8, 2023. A more recent docket listing may be available from PACER.

Date Filed	Document Text
August 8, 2023	Filing 2 Filed order (RICHARD C. TALLMAN and SANDRA S. IKUTA) This appeal is from the d dismissal of appellants 28 U.S.C. 2254 petition and denial of his subsequent Federal Rule of Civil Procedure 59(e)/60(b) motion. The request for a certificate of appealability is denied because appellant has not shown 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. Slack v. McDaniel , 529 U.S. 473, 484 (2000); see also 28 U.S.C. 2253(c)(2); Gonzalez v. Thaler , 565 U.S. 140 41 (2012); Miller El v. Cockrell , 537 U.S. 322, 327 (2003); United States v. Winkles , 795 F.3d 1134, 1143 (9th Cir. 2015); Lynch v. Blodgett , 999 F.2d 401, 403 (9th Cir. 1993) ( Any pending motions are denied as moot. DENIED. [12770281] (JBS) [Entered: 08/08/2023 11:02 AM]
June 12, 2023	Filing 1 Open 9th Circuit docket: needs certificate of appealability. Date COA denied in DC: 04/25/2023. Record on appeal included: Yes. [12733688] (WL) [Entered: 06/12/2023 11:58 AM]

Date Filed

Document Text

August 8, 2023

Filing 2 Filed order (RICHARD C. TALLMAN and SANDRA S. IKUTA) This appeal is from the d dismissal of appellants 28 U.S.C. 2254 petition and denial of his subsequent Federal Rule of Civil Procedure 59(e)/60(b) motion. The request for a certificate of appealability is denied because appellant has not shown 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. Slack v. McDaniel , 529 U.S. 473, 484 (2000); see also 28 U.S.C. 2253(c)(2); Gonzalez v. Thaler , 565 U.S. 140 41 (2012); Miller El v. Cockrell , 537 U.S. 322, 327 (2003); United States v. Winkles , 795 F.3d 1134, 1143 (9th Cir. 2015); Lynch v. Blodgett , 999 F.2d 401, 403 (9th Cir. 1993) ( Any pending motions are denied as moot. DENIED. [12770281] (JBS) [Entered: 08/08/2023 11:02 AM]

June 12, 2023

Filing 1 Open 9th Circuit docket: needs certificate of appealability. Date COA denied in DC: 04/25/2023. Record on appeal included: Yes. [12733688] (WL) [Entered: 06/12/2023 11:58 AM]

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Petitioner / appellant: MARIO TORRES
Represented By:	Mario Torres
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Respondent / appellee: SCOTT KERNAN
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