Crago v. Mattos
| EARL FELTON CRAGO, JR. |
| JOHN MATTOS, WARDEN |
| 23-268 |
| February 28, 2023 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Document Text |
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| Filing 9 CORRESPONDENCE filed by Petitioner Earl Felton Crago, Jr.. [Entered: 07/05/2023 10:05 AM] |
Filing 8
ORDER FILED. William C. CANBY, Sidney R. THOMAS, Morgan B. CHRISTEN The applicant contends that he is not subject to 28 U.S.C. 2244(b) because state court decisions in 2021 effectively amount to a new, intervening judgment after his prior 28 U.S.C. 2254 habeas petition was denied. The superior court decision granting habeas relief, which was reversed, does not constitute a new judgment under Magwood v. Patterson, 561 U.S. 320 (2010), and Wentzell v. Neven, 674 F.3d 1124 (9th Cir. 2012). The applicant, therefore, must first obtain authorization under 2244(b) before filing another 2254 petition. The application1 for authorization to file a second or successive 2254 habeas corpus petition in the district court is denied. The applicant has not made a prima facie showing under 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. The applicant filed two notices of delay at Docket Entry Nos. 6 and 7. The applicant is informed that the 30-day time limit in 2244(b)(3)(D) is hortatory, not mandatory. See Jones v. United States, 36 F.4th 974, 981 n.4 (9th Cir. 2022). Any pending motions are denied as moot. No further filings will be entertained in this case. DENIED. [Entered: 06/29/2023 10:25 AM]
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| Filing 7 NOTICE of delay filed by Petitioner Earl Felton Crago, Jr.. [Entered: 05/23/2023 01:50 PM] |
| Filing 6 NOTICE of delay filed by Petitioner Earl Felton Crago, Jr.. [Entered: 05/08/2023 06:09 PM] |
| Filing 5 CORRESPONDENCE filed by Petitioner Earl Felton Crago, Jr.. [Entered: 03/15/2023 08:09 AM] |
| Filing 4 Supplement to Application for Leave to File Second or Successive 2254 Petition or 2255 Motion. [Entered: 03/13/2023 03:36 PM] |
| 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 23-268. 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: 02/28/2023 02:52 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 2/28/2023. The U.S. Court of Appeals docket number 23-268 has been assigned to this case. [Entered: 02/28/2023 02:47 PM] |
| Filing 1 Application for Leave to File 28 U.S.C. 2254 Second or Successive Petition. [Entered: 02/28/2023 02:40 PM] |
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| Petitioner: EARL FELTON CRAGO, JR. | |
| Represented By: | Earl Felton Crago, Jr |
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| Respondent: JOHN MATTOS, WARDEN | |
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