Grimes v. Johnson
| BENNETT GRIMES |
| CALVIN JOHNSON |
| 23-495 |
| March 24, 2023 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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Filing 4
ORDER FILED. A. Wallace TASHIMA, Sidney R. THOMAS, Danielle J. FORREST In this application for authorization to file a second or successive 28 U.S.C. 2254 habeas corpus petition in the district court, the applicant raises claims that were presented in a 2254 petition filed in the United States District Court for the District of Nevada, case number 2:19-cv-00663-GMN-EJY, decided on March 28, 2022. Accordingly, these claims are dismissed. See 28 U.S.C. 2244(b)(1); Chades v. Hill, 976 F.3d 1055, 1056 (9th Cir. 2020) (stating that this court may not authorize a claim barred by 2244(b)(1)). With respect to all remaining claims, the application 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. We decline to revisit the courts March 10, 2023, order denying a certificate of appealability in Case No. 22-15530. To the extent the applicant seeks coram nobis relief, it is not available in federal court to attack a state court conviction. See Hensley v. Municipal Court, 453 F.2d 1252, 1253 n.2 (9th Cir. 1972) (Coram nobis lies only to challenge errors occurring in the same court.), revd on other grounds, 411 U.S. 345 (1973). Any other pending motions or requests are denied as moot. No further filings will be entertained in this case. DENIED. [Entered: 08/18/2023 04:08 PM]
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| 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 23-495. 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: 03/24/2023 12:59 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 3/24/2023. The U.S. Court of Appeals docket number 23-495 has been assigned to this case. [Entered: 03/24/2023 12:57 PM] |
| Filing 1 Application for Leave to File 28 U.S.C. 2254 Second or Successive Petition. [Entered: 03/24/2023 12:55 PM] |
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| Petitioner: BENNETT GRIMES | |
| Represented By: | Bennett Grimes |
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| Respondent: CALVIN JOHNSON | |
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