James v. Monson
| TERRY DALE JAMES |
| STACI IBARRA and JASON MONSON |
| 26-104 |
| January 6, 2026 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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This docket was last retrieved on April 21, 2026. A more recent docket listing may be available from PACER.
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Filing 10
ORDER FILED. The courts March 17, 2026, order stated: No further filings will be entertained in this case. The court, therefore, will not take any action on the applicants filing at Docket Entry No. 9. [Entered: 04/21/2026 03:05 PM]
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| Filing 9 Document received in this closed case after court order stating that no further filings will be entertained. Order and docket sheet sent to filer. [Entered: 04/16/2026 04:43 PM] |
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Filing 8
ORDER FILED. Barry G. SILVERMAN, Jacqueline H. NGUYEN, Andrew D. HURWITZ The applicants motion to consider what he characterizes as an untimely petition is unnecessary because there are no time restrictions for filing an application for authorization to file a second or successive 28 U.S.C. 2254 habeas corpus petition in the district court. The applicants request for a certificate of appealability to permit this court to consider the application is denied as unnecessary. We deny the application. 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 other pending motions or requests are denied as moot. No further filings will be entertained in this case. DENIED. [Entered: 03/17/2026 09:10 AM]
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| Filing 7 TERMINATED participation of Respondent Staci Ibarra. [Entered: 01/27/2026 09:44 AM] |
| Filing 6 ADDED Respondent Jason Monson [Entered: 01/27/2026 09:43 AM] |
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Filing 5
ORDER FILED. The motion (Docket Entry No. 4) to correct case name is granted in part. Consistent with the governing rules, the courts Form 12 asks for the warden to be named as respondent in an application for authorization to file a second or successive 28 U.S.C. 2254 habeas corpus petition. See 28 U.S.C. 2242 (habeas petition must allege the name of the person who has custody over the petitioner); Rule 2(a), 28 U.S.C.A. foll. 2254, advisory committees note (The proper person to be served in the usual case is either the warden of the institution in which the petitioner is incarcerated or the chief officer in charge of state penal institutions. (internal citation omitted)). The record reflects that the applicant is currently housed at ASPC Eyman. Jason Monson, Warden of ASPC Eyman, is substituted for Staci Ibarra as respondent. [Entered: 01/27/2026 09:41 AM]
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| Filing 4 MOTION to Amend Case Caption filed by Petitioner Terry Dale James. [Entered: 01/08/2026 02:50 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: 01/06/2026 04:17 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 1/5/2026. The U.S. Court of Appeals docket number 26-104 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: 01/06/2026 04:14 PM] |
| Filing 1 APPLICATION for Leave to File 28 U.S.C. 2254 Second or Successive Petition. [Entered: 01/06/2026 04:14 PM] |
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