Mendoza-Gomez v. Bennett
| FRANCISCO MENDOZA-GOMEZ |
| JASON BENNETT, Superintendent, Stafford Creek Correction Center |
| 25-3341 |
| May 27, 2025 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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This docket was last retrieved on October 23, 2025. A more recent docket listing may be available from PACER.
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Filing 6
ORDER FILED. Sidney R. THOMAS, Mark J. BENNETT This appeal is from the denial of multiple post-judgment motions in the underlying habeas proceeding. 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); Martinez v. Shinn, 33 F.4th 1254, 1261 (9th Cir. 2022). All pending motions are denied as moot. No further filings will be entertained in this closed case. DENIED. [Entered: 10/23/2025 03:21 PM]
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| Filing 5 District Court Order/Notice Received. [Entered: 09/11/2025 10:13 AM] |
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Filing 4
ORDER FILED. Lisa B. Fitzgerald, Appellate Commissioner. This case appears to arise from the denial of a Federal Rule of Civil Procedure 60(b) motion in 28 U.S.C. 2254 proceedings and thus is subject to the requirements of 28 U.S.C. 2253(c). See Martinez v. Shinn, 33 F.4th 1254, 1261 (9th Cir. 2022), cert. denied, 143 S. Ct. 584 (2023). This case is remanded to the district court for the limited purpose of granting or denying a certificate of appealability at the courts earliest convenience. See 28 U.S.C. 2253(c); Fed. R. App. P. 22(b); United States v. Asrar, 116 F.3d 1268, 1270 (9th Cir. 1997). If the district court issues a certificate of appealability, the court should specify the issues that meet the required showing; if the district court declines to issue a certificate, the court is requested to state its reasons. See 28 U.S.C. 2253(c)(3); Asrar, 116 F.3d at 1270. The clerk will send a copy of this order to the district judge. [Entered: 08/18/2025 11:37 AM]
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| Filing 3 MOTION for Appointment of Counsel, filing includes MOTION for Extension of Time filed by Appellant Francisco Mendoza-Gomez. [Entered: 06/10/2025 04:58 PM] |
| Filing 2 COA SCHEDULE NOTICE. No COA order in district court. [Entered: 05/27/2025 01:34 PM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 2:24-cv-00743-RSM 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 25-3341 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: 05/27/2025 01:32 PM] |
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| Petitioner: FRANCISCO MENDOZA-GOMEZ | |
| Represented By: | Francisco Mendoza-Gomez |
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| Respondent: JASON BENNETT, Superintendent, Stafford Creek Correction Center | |
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