Gossett v. Bennett
| MARK J. GOSSETT |
| JASON BENNETT, Superintendent, Stafford Creek Corrections Center |
| 25-1755 |
| March 18, 2025 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
This docket was last retrieved on May 9, 2025. A more recent docket listing may be available from PACER.
| Document Text |
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Filing 7
ORDER FILED. Ryan D. NELSON, Patrick J. BUMATAY This appeal is from the denial of appellants post-judgment motions and the district courts imposition of non-monetary sanctions for frivolous filings in the underlying habeas proceedings. The request for a certificate of appealability is denied because appellant has not shown that jurists of reason would find it debatable whether the petition states a valid claim of the denial of a constitutional right and that jurists of reason would find it debatable whether the district court was correct in its procedural ruling. Slack v. McDaniel, 529 U.S. 473, 484 (2000); see also 28 U.S.C. 2253(c)(2); Gonzalez v. Thaler, 565 U.S. 134, 140-41 (2012); Miller-El v. Cockrell, 537 U.S. 322, 327 (2003); Rose v. Guyer, 961 F.3d 1238, 1245-46 (9th Cir. 2020) (explaining that a certificate of appealability is required to appeal an order that pertain[s] to and is not wholly distinct from the district courts adjudication of the habeas petition); Martinez v. Shinn, 33 F.4th 1254, 1261 (9th Cir. 2022). The court will not require appellant to submit a disclosure statement under Federal Rule of Appellate Procedure 26.1 and Ninth Circuit Rule 26.1-1. Appellants related motions (Docket Entry No. 3, 4) to appoint counsel and extend time are therefore unnecessary. Any pending motions are denied as moot. No further filings will be entertained in this closed case. DENIED. [Entered: 05/09/2025 05:01 PM]
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| Filing 6 MOTION for Miscellaneous Relief filed by Appellant Mark J. Gossett. [Entered: 05/06/2025 04:08 PM] |
| Filing 5 Amended Notice of Appeal Received. [Entered: 04/22/2025 01:47 PM] |
| Filing 4 MOTION for Appointment of Counsel filed by Appellant Mark J. Gossett. [Entered: 04/02/2025 02:46 PM] |
| Filing 3 MOTION for Miscellaneous Relief filed by Appellant Mark J. Gossett. [Entered: 04/02/2025 02:44 PM] |
| Filing 2 COA SCHEDULE NOTICE. Needs a certificate of appealability. Date COA denied in DC: 03/03/2025. [Entered: 03/18/2025 08:39 AM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 3:24-cv-05491-TMC 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 25-1755 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: 03/18/2025 08:37 AM] |
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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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