Drake v. Phillup
| ERIC MICHAEL DRAKE |
| Warden PHILLUP |
| 25-3440 |
| May 30, 2025 |
| U.S. Court of Appeals, Ninth Circuit |
| Habeas Corpus |
Docket Report
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This docket was last retrieved on September 30, 2025. A more recent docket listing may be available from PACER.
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Filing 9
ORDER FILED. John B. OWENS, Ana DE ALBA This appeal is from the dismissal of appellants 28 U.S.C. 2254 petition and denial of appellants Federal Rule of Civil Procedure 60(b) motion. 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). Any pending motions are denied as moot. DENIED. [Entered: 09/30/2025 02:21 PM]
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| Filing 8 DISCLOSURE STATEMENT pursuant to FRAP 26.1 and CR 26.1-1 filed by Appellant Eric Michael Drake. [Entered: 08/07/2025 01:32 PM] |
| Filing 7 CORRESPONDENCE filed by Appellant Eric Michael Drake. [Entered: 08/07/2025 01:31 PM] |
| Filing 6 DOCUMENT SENT. Sent Appellant a copy of the FRAP and Ninth Circuit rules in response to the request filed on 06/23/2025. [Entered: 06/23/2025 02:52 PM] |
| Filing 5 REQUEST for Public Information filed by Appellant Eric Michael Drake. [Entered: 06/23/2025 02:22 PM] |
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Filing 4
ORDER FILED. 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 motion (Docket Entry No. 3) to extend time is therefore unnecessary. [Entered: 06/20/2025 04:13 PM]
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| Filing 3 MOTION to Extend Time to Respond to Court Order filed by Appellant Eric Michael Drake. [Entered: 06/17/2025 02:26 PM] |
| Filing 2 COA SCHEDULE NOTICE. Needs a certificate of appealability. Date COA denied in DC: 12/30/2024. [Entered: 05/30/2025 11:15 AM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 2:23-cv-10251-JWH-RAO 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 25-3440 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: 05/30/2025 11:11 AM] |
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| Petitioner: ERIC MICHAEL DRAKE | |
| Represented By: | Eric Michael Drake |
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| Respondent: Warden PHILLUP | |
| Represented By: | Louis Karlin |
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