Vo v. Broomfield
| TIEN MINH VO |
| RON BROOMFIELD |
| 23-711 |
| April 19, 2023 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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Filing 6
ORDER FILED. TASHIMA, S.R. THOMAS, and FORREST, Circuit Judges. The applicants request for judicial notice (Docket Entry No. 5) is denied. However, the panel has considered all the documents submitted in support of the application at Docket Entry No. 1. 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 contends that his sentence violates the Eighth Amendment because he was a juvenile when he was convicted. The applicant raised this claim in a 2254 petition filed in the United States District Court for the Eastern District, case number 2:16-cv-00529-KJM-CKD, and judgment was entered on October 31, 2016. Accordingly, this claim is 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. All remaining pending motions, including the applicants motion for discovery and an in camera hearing at Docket Entry No. 4, are denied. No further filings will be entertained in this case. DENIED. [Entered: 08/21/2023 04:41 PM]
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| Filing 5 MOTION for judicial notice filed by Petitioner Tien Minh Vo. [Entered: 06/01/2023 03:08 PM] |
| Filing 4 CORRESPONDENCE filed by Petitioner Tien Minh Vo. [Entered: 05/10/2023 02:35 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 23-711. 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: 04/19/2023 02:33 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 4/19/2023. The U.S. Court of Appeals docket number 23-711 has been assigned to this case. [Entered: 04/19/2023 02:31 PM] |
| Filing 1 Application for Leave to File 28 U.S.C. 2254 Second or Successive Petition. [Entered: 04/19/2023 02:30 PM] |
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| Petitioner: TIEN MINH VO | |
| Represented By: | Tien Minh Vo |
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| Respondent: RON BROOMFIELD | |
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