Devore v. United States of America
| RAYMOND EARL DEVORE |
| UNITED STATES OF AMERICA |
| 26-113 |
| January 7, 2026 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 7 CASE TRANSFERRED. To USDC Western District of Washington - Per Order Filed 4/23/2026. The DC was notified via NDA. [Entered: 04/23/2026 02:46 PM] [Edited: 04/23/2026 02:48 PM] |
Filing 6
ORDER FILED. Kenneth K. LEE, Roopali H. DESAI, Anthony D. JOHNSTONE The applicants 28 U.S.C. 2255 motion, transferred to this court under Ninth Circuit Rule 22-3(a), is treated as an application for authorization to file a second or successive 2255 motion in the district court and is denied as unnecessary. Because the applicants previous consolidated 2255 motions were utilized as a tool to secure an out-of-time appeal, the applicant may file a 2255 motion without obtaining prior authorization. See Johnson v. United States, 362 F.3d 636, 638 (9th Cir. 2004). We express no opinion as to the merits of the applicants claims or whether the procedural requirement of 28 U.S.C. 2255(f) is satisfied. The clerk will transfer the application at Docket Entry No. 2 to the United States District Court for the Western District of Washington Case No. 2:15-cr-00160-TSZ. The motion is deemed filed in the district court on December 16, 2025, the date the applicant originally delivered his motion to prison authorities for forwarding to the district court. See Rule 3(d), 28 U.S.C.A. foll. 2255; Orona v. United States, 826 F.3d 1196, 1198-99 (9th Cir. 2016) (AEDPAs statute of limitations period is tolled during pendency of an application). The clerk will send a copy of this order and the application to Judge Thomas S. Zilly. Upon transfer of the application, the clerk will close this original action. Because the application is being transferred to the district court, we take no action on any pending motions. No further filings will be entertained in this case. DENIED AS UNNECESSARY; APPLICATION TRANSFERRED to the district court. [Entered: 04/23/2026 08:31 AM]
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| Filing 5 CORRESPONDENCE filed by Petitioner Raymond Earl Devore. [Court Update to Attach Corrected PDF] [Entered: 03/23/2026 05:36 PM] [Edited: 04/10/2026 03:01 PM] |
| Filing 4 SOS TRANSFER FROM DISTRICT COURT DOCKETING NOTICE. Application for Permission to File a Second or Successive Habeas Corpus Petition transferred to this Court, U.S. Court of Appeals for the Ninth Circuit (Ninth Circuit), from the district court has been opened and assigned the Ninth Circuit case number 26-113. 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. The Ninth Circuit case number and the title of your case should be shown in the upper right corner of any correspondence to the clerk's office, and should be directed to the above address pursuant to Circuit Rule 25-1. [Entered: 01/07/2026 09:07 AM] |
| Filing 3 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 1/7/2026. The U.S. Court of Appeals docket number 26-113 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: 01/07/2026 09:05 AM] |
| Filing 2 APPLICATION for Leave to File 28 U.S.C. 2255 Second or Successive Motion. [Entered: 01/07/2026 09:03 AM] |
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Filing 1
Order Transferring Case to Ninth Circuit from Other Court [Entered: 01/07/2026 09:03 AM]
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| Petitioner: RAYMOND EARL DEVORE | |
| Represented By: | Raymond Earl Devore |
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| Respondent: UNITED STATES OF AMERICA | |
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