Howard v. Henley
| REGINALD CLARENCE HOWARD |
| JOHN HENLEY |
| 25-5225 |
| August 18, 2025 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
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Filing 7
ORDER FILED. Barry G. SILVERMAN, John B. OWENS, Daniel A. BRESS The application for authorization to file a second or successive 28 U.S.C. 2254 habeas corpus petition in the district court raises claims that were presented in a 2254 petition filed in the United States District Court for the District of Nevada, Case No. 2:19-cv-00500-GMN-BNW, decided on March 21, 2022. These claims are dismissed. See 28 U.S.C. 2244(b)(1); Chades v. Hill, 976 F.3d 1055, 1056 (9th Cir. 2020) (stating that this court may not authorize a claim barred by 2244(b)(1)); Gimenez v. Ochoa, 821 F.3d 1136, 1141 (9th Cir. 2016) (A claim in a successive petition is barred when its basic thrust or gravamen is the same as a claim thats already been raised, even if its supported by new factual allegations or legal arguments. (internal quotation marks omitted)). With respect to all remaining claims, the application is denied. The applicant has not made a prima facie showing under 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 remaining are denied as moot. No further filings will be entertained in this case. DENIED. [Entered: 09/22/2025 11:18 AM]
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| Filing 6 DISCLOSURE STATEMENT pursuant to FRAP 26.1 and CR 26.1-1 filed by Respondent John Henley. [Entered: 09/18/2025 11:36 AM] |
| Filing 5 MOTION for Miscellaneous Relief filed by Petitioner Reginald Clarence Howard. [Entered: 09/05/2025 04:03 PM] |
| Filing 4 PROOF OF SERVICE filed by Petitioner Reginald Clarence Howard. [Entered: 09/05/2025 02:01 PM] |
| 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: 08/18/2025 03:41 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 8/18/2025. The U.S. Court of Appeals docket number 25-5225 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: 08/18/2025 03:39 PM] |
| Filing 1 APPLICATION for Leave to File 28 U.S.C. 2254 Second or Successive Petition. [Entered: 08/18/2025 03:35 PM] |
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| Petitioner: REGINALD CLARENCE HOWARD | |
| Represented By: | Reginald Clarence Howard |
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| Respondent: JOHN HENLEY | |
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