McNeal v. Garrett
| MARCUS SHARIF MCNEAL |
| TIM GARRETT |
| 25-4991 |
| August 7, 2025 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
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Filing 4
ORDER FILED. Richard A. PAEZ, Morgan B. CHRISTEN, Lucy H. KOH. The application for authorization to file a second or successive 28 U.S.C. 2254 habeas corpus petition in the district court is denied. The applicant has not made a prima facie showing under 28 U.S.C. 2244(b)(2) that: (A) the claim relies on a new rule of constitutional law, made retroactive to cases on collateral review by the Supreme Court, that was previously unavailable; or (B)(i) the factual predicate for the claim could not have been discovered previously through the exercise of due diligence; and (ii) the facts underlying the claim, if proven and viewed in light of the evidence as a whole, would be sufficient to establish by clear and convincing evidence that, but for constitutional error, no reasonable factfinder would have found the applicant guilty of the underlying offense. Any pending motions are denied as moot. No further filings will be entertained in this case. DENIED. [Entered: 12/18/2025 01:17 PM]
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| Filing 3 SCHEDULE NOTICE. No briefing schedule is set for this type of case. All subsequent correspondence regarding this matter will be added to your file to be considered at the same time the cause is brought before the court. [Entered: 08/07/2025 02:56 PM] |
| 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 8/7/2025. The U.S. Court of Appeals docket number 25-4991 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: 08/07/2025 02:54 PM] |
| Filing 1 APPLICATION for Leave to File 28 U.S.C. 2254 Second or Successive Petition. [Entered: 08/07/2025 02:51 PM] |
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| Petitioner: MARCUS SHARIF MCNEAL | |
| Represented By: | Marcus Sharif McNeal |
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| Respondent: TIM GARRETT | |
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