Gossett v. Bennett
| MARK J. GOSSETT |
| JASON BENNETT, Superintendent, Stafford Creek Corrections Center |
| 25-1299 |
| February 28, 2025 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
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Filing 3
ORDER FILED. Susan P. GRABER, Anthony D. JOHNSTONE This appeal is from the denial of appellants Federal Rule of Civil Procedure 60(b) motions. The request for a certificate of appealability is denied because appellant has not shown that (1) jurists of reason would find it debatable whether the district court abused its discretion in denying the Rule 60(b) motion and, (2) jurists of reason would find it debatable whether the underlying section [2254 petition] states a valid claim of the denial of a constitutional right. United States v. Winkles, 795 F.3d 1134, 1143 (9th Cir. 2015); see also 28 U.S.C. 2253(c)(2); Slack v. McDaniel, 529 U.S. 473, 484 (2000); Martinez v. Shinn, 33 F.4th 1254, 1261 (9th Cir. 2022), cert. denied, 143 S. Ct. 584 (2023). Any pending motions are denied as moot. No further filings will be entertained in this closed case. DENIED. [Entered: 03/11/2025 11:45 AM]
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| Filing 2 COA SCHEDULE NOTICE. Needs a certificate of appealability. Date COA denied in DC: 02/14/2025. [Entered: 02/28/2025 04:10 PM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 3:24-cv-05433-JNW has been received in the Clerk's office of the United States Court of Appeals for the Ninth Circuit. The U.S. Court of Appeals docket number 25-1299 has been assigned to this case. All communications with the court must indicate this Court of Appeals docket number. Please carefully review the docket to ensure the name(s) and contact information are correct. It is your responsibility to alert the court if your contact information changes. Resources Available For more information about case processing and to assist you in preparing your brief, please review the Case Opening Information (for #attorneys and #pro se litigants) and review the #Appellate Practice Guide. Attorneys should consider contacting the court's #Appellate Mentoring Program for help with the brief and argument. [Entered: 02/28/2025 04:08 PM] |
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| Petitioner: MARK J. GOSSETT | |
| Represented By: | Mark J. Gossett |
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| Respondent: JASON BENNETT, Superintendent, Stafford Creek Corrections Center | |
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