Preciado v. McDowell
| SAUL PRECIADO |
| NEIL MCDOWELL |
| 23-685 |
| April 18, 2023 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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Filing 5
ORDER FILED. (A. Wallace TASHIMA, Sidney R. THOMAS, Danielle J. FORREST) The motion for appointment of counsel is denied. The application for authorization to file a second or successive 28 U.S.C. 2254 habeas corpus petition in the district court 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. Any pending motions are denied as moot. No further filings will be entertained in this case. DENIED. [Entered: 08/23/2023 02:41 PM]
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| Filing 4 MOTION for Appointment of Counsel filed by Petitioner Saul Preciado. [Entered: 08/18/2023 03:55 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 23-685. 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: 04/18/2023 07:08 AM] |
| 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 4/10/2023. The U.S. Court of Appeals docket number 23-685 has been assigned to this case. [Entered: 04/18/2023 07:06 AM] |
| Filing 1 Application for Leave to File 28 U.S.C. 2254 Second or Successive Petition. [Entered: 04/18/2023 07:03 AM] |
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| Petitioner: SAUL PRECIADO | |
| Represented By: | Saul Preciado |
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| Respondent: NEIL MCDOWELL | |
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