Rose v. United States of America
| JAMES EDWARD ROSE |
| UNITED STATES OF AMERICA |
| 25-1996 |
| March 27, 2025 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 5 CASE TRANSFERRED. To USDC Eastern District of California - Per Order Filed 4/8/2025 - The District Court was noitifed via NDA. [Entered: 04/08/2025 03:51 PM] |
Filing 4
ORDER FILED. Lisa B. Fitzgerald, Appellate Commissioner. Federal prisoner James Edward Rose has filed a 28 U.S.C. 2241 habeas petition that appears to challenge Roses 2011 convictions in Case No. 6:11-cr-00011-GVFT in the United States District Court for the Eastern District of Kentucky. Under the savings clause or escape hatch provision of 28 U.S.C. 2255(e), a federal prisoner may file a 2241 petition in the custodial court if the 2255 remedy is inadequate or ineffective to test the legality of [the prisoners] detention. See Jones v. Hendrix, 599 U.S. 465, 469 (2023) (quoting 2255(e)). Without deciding whether it satisfies the escape hatch, we transfer the petition at Docket Entry No. 1 to the United States District Court for the Eastern District of California, for whatever consideration that court deems appropriate. See Fed. R. App. P. 22(a); see also 28 U.S.C. 1631, 2241(b). The petition is deemed filed on March 10, 2025, the date it was signed. See Butler v. Long, 752 F.3d 1177, 1178 n.1 (9th Cir. 2014) (assuming petitioner turned petition over to prison authorities on the day it was signed and applying the mailbox rule). The clerk will include a copy of this order with the transferred petition. Upon transfer of the petition, the clerk will close this original action. PETITION TRANSFERRED to the district court. [COURT UPDATE: due to court error, order was not served on E.D.Cal.; resending NDA to E.D. Cal.] [Entered: 04/08/2025 02:36 PM] [Edited: 04/21/2025 04:30 PM]
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| Filing 3 SCHEDULE NOTICE for Original Petition for a Writ of Habeas Corpus. [Entered: 03/27/2025 07:21 AM] |
| Filing 2 CASE OPENED. Your case opening documents have been received in the Clerk's office of the United States Court of Appeals for the Ninth Circuit on 3/24/2025. The U.S. Court of Appeals docket number 25-1996 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 #Appellate Practice Guide. Attorneys should consider the court's #Appellate Mentoring Program for assistance. [Entered: 03/27/2025 07:19 AM] |
| Filing 1 PETITION for a Writ of Habeas Corpus filed by Petitioner James Edward Rose. [Entered: 03/27/2025 07:18 AM] |
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| Petitioner: JAMES EDWARD ROSE | |
| Represented By: | James Edward Rose |
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| Respondent: UNITED STATES OF AMERICA | |
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