Bowell v. Pollard
| JAMES BOWELL |
| JAMES HILL, WARDEN and MARCUS POLLARD, WARDEN |
| 23-317 |
| March 6, 2023 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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This docket was last retrieved on June 29, 2023. A more recent docket listing may be available from PACER.
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| Filing 16 CASE TRANSFERRED. To the USDC Southern District of CA per order filed 6/29/2023. The district court was notified via email. [updated docket text to reflect sent to S.D.Cal.] [Entered: 06/30/2023 12:09 PM] [Edited: 06/30/2023 03:56 PM] |
Filing 15
ORDER FILED. CANBY, S.R. THOMAS, and CHRISTEN, Circuit Judges. The motion to proceed in forma pauperis is denied as unnecessary. The application for authorization to file a second or successive 28 U.S.C. 2254 habeas corpus petition in the district court, as supplemented by Docket Entry Nos. 4, 5, 11, and 12, challenges the applicants 2000 Los Angeles County conviction for failure to register as a sex offender, and references the Board of Parole Hearings 2021 decision denying him parole. Insofar as the application, as supplemented, challenges the applicants 2000 conviction, it is denied. 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. Insofar as the application, as supplemented, challenges the 2021 decision to deny parole, authorization is unnecessary because it appears that the applicant has not filed a prior 2254 habeas petition regarding that decision. Accordingly, we deny the application as unnecessary only insofar as it challenges the Boards 2021 decision to deny parole. We express no opinion as to the merits of the applicants claims or whether the procedural requirements of 28 U.S.C. 2244(d) and 2254 are satisfied. The Clerk will transfer the application and supplements filed at Docket Entry Nos. 1, 4, 5, 11, and 12, to the United States District Court for the Southern District of California, to be processed as a 2254 petition challenging the Boards 2021 decision to deny parole. The petition is deemed filed in the district court on March 2, 2023, the date on which the application was signed. See Butler v. Long, 752 F.3d 1177, 1178 n.1 (9th Cir. 2014) (assuming petitioner turned his petition over to prison authorities on the day it was signed and applying the mailbox rule); Orona v. United States, 826 F.3d 1196, 1198-99 (9th Cir. 2016) (AEDPAs statute of limitations period is tolled during pendency of an application). Insofar as the applicant is challenging reports and recommendations, and orders issued in United States District Court for the Central District of California case number 2:03-cv-01459-TJH-SH, we will not consider those allegations because they are not properly raised in these proceedings. Upon transfer of the application, the Clerk will close this original action. Any pending motions are denied as moot. No further filings will be entertained in this case. DENIED; APPLICATION TRANSFERRED to the district court. --[COURT NOTE: Resending NDA to S.D.Cal. per order.] [Entered: 06/29/2023 04:18 PM] [Edited: 06/30/2023 03:41 PM]
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| Filing 14 DOCUMENT SENT. Sent James Bowell DE 11, DE12 & Public Docket in response to DE13. [Entered: 05/19/2023 03:18 PM] |
| Filing 13 CORRESPONDENCE filed by Petitioner James Bowell. [Entered: 05/16/2023 02:50 PM] |
| Filing 12 CORRESPONDENCE filed by Petitioner James Bowell. [Entered: 05/02/2023 08:11 AM] |
| Filing 11 CORRESPONDENCE filed by Petitioner James Bowell. [Entered: 05/02/2023 08:05 AM] |
| Filing 10 TERMINATED participation of Respondent Marcus Pollard. [Entered: 04/26/2023 11:59 AM] |
| Filing 9 ADDED Respondent James Hill. [Entered: 04/26/2023 11:57 AM] |
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Filing 8
ORDER FILED. The applicants correspondence (Docket Entry No. 6) is treated as a motion to amend the case caption and is granted. James Hill, Acting Warden of R.J. Donovan Correctional Facility, is substituted for Marcus Pollard as respondent. [Entered: 04/26/2023 11:47 AM]
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| Filing 7 DOCUMENT SENT. Sent Appellant a copy of the docket sheet in response to the correspondence filed on 04/24/2023. [Entered: 04/26/2023 09:35 AM] |
| Filing 6 CORRESPONDENCE filed by Petitioner James Bowell. [Entered: 04/24/2023 03:22 PM] |
| Filing 5 CORRESPONDENCE filed by Petitioner James Bowell. [Entered: 04/17/2023 02:48 PM] |
| Filing 4 Miscellaneous Pro Se Filings Filed [Entered: 03/29/2023 02:44 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 23-317. 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 04:21 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 3/6/2023. The U.S. Court of Appeals docket number 23-317 has been assigned to this case. [Entered: 03/06/2023 04:18 PM] |
| Filing 1 Application for Leave to File 28 U.S.C. 2254 Second or Successive Petition. [Entered: 03/06/2023 04:13 PM] |
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