Dockery v. United States of America
| JASPER DOCKERY |
| UNITED STATES OF AMERICA |
| 23-314 |
| March 6, 2023 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
RSS Track this Docket
This docket was last retrieved on May 23, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 6
ORDER FILED. Susan P. GRABER, Eric D. MILLER, Lawrence VANDYKE The applicant, who is housed at USP Victorville in California, filed the instant application for authorization to file a second or successive 28 U.S.C. 2254 habeas petition, which appears to challenge the criminal proceedings leading to his 1998 conviction in the Superior Court for the District of Columbia. Insofar as the application, as supplemented by Docket Entry No. 4, raises claims that were or could have been raised in a motion under D.C. Code 23-110, it cannot be authorized because federal courts lack habeas jurisdiction over such claims. See Swain v. Pressley, 430 U.S. 372, 377-78 (1977) (stating that D.C. Code 23-110 divests federal courts of jurisdiction over habeas claims absent a showing that 23-110 is inadequate or ineffective to test the legality of the detention). To the extent the application, as supplemented by Docket Entry No. 4, raises claims for which a remedy under D.C. Code 23-110 is inadequate or ineffective, we deny authorization because 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. The applicants motion for subpoenas (Docket Entry No. 5) is denied. Any other requests are denied as moot. No further filings will be entertained in this case. DENIED. [Entered: 05/23/2023 11:35 AM]
|
| Filing 5 Miscellaneous Pro Se Filings Filed [Entered: 04/25/2023 11:19 AM] |
| Filing 4 Miscellaneous Pro Se Filings Filed [Entered: 03/15/2023 10:26 AM] |
| 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 23-314. 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: 03/06/2023 03:53 PM] |
| Filing 2 CASE OPENED. Application for Leave to File Second or Successive 2255 Motion has been received in the Clerk's office of the United States Court of Appeals for the Ninth Circuit on 3/6/2023. The U.S. Court of Appeals docket number 23-314 has been assigned to this case. [Entered: 03/06/2023 03:47 PM] |
| Filing 1 Application for Leave to File 28 U.S.C. 2255 Second or Successive Motion. [Entered: 03/06/2023 03:46 PM] |
Access additional case information on PACER
Access the Case Summary and Docket Report to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
| Search for this case: Dockery v. United States of America | |
|---|---|
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Web | [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ] |
| Petitioner: JASPER DOCKERY | |
| Represented By: | Jasper Dockery |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
| Respondent: UNITED STATES OF AMERICA | |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
