Williams v. Wright
| Tony Alan Williams |
| Robert Wright |
| Shelley Harrington and Laurie Nadamoto |
| 1:2021cv00357 |
| August 23, 2021 |
| US District Court for the District of Hawaii |
| KENNETH J MANSFIELD |
| J MICHAEL SEABRIGHT |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 |
| None |
Docket Report
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Filing 4
ORDER of USCA as to #3 ORDER TRANSFERRING PETITION; USCA No. 21-71243: DENIED The 28 U.S.C. 2254 habeas petition, transferred to this court from the district court pursuant to Ninth Circuit Rule 22-3, is treated as an application for authorization to file a second or successive 2254 habeas petition. So treated and as supplemented by Docket Entry No. 3, the application 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 other pending motions are denied as moot. No further filings will be entertained in this case. DENIED. (jo) COURT'S CERTIFICATE OF SERVICE - Tony Alan Williams will be served by First Class Mail on October 19, 2021 to the address of record listed on the Notice of Electronic Filing (NEF).
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Filing 3
ORDER TRANSFERRING PETITION re: #1 - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 8/25/2021. The Petition is hereby TRANSFERRED to the United States Court of Appeals for the Ninth Circuit pursuant to 28 U.S.C. 1631. See also 9th Cir. R. 22-3(a) ("If an unauthorized second or successive section 2254 petition... is submitted to the district court, the district court may, in the interests of justice, refer it to the court of appeals."). This transfer does not constitute compliance with 28 U.S.C. 2244(b)(3). Williams must file a motion for leave to proceed in the Ninth Circuit and make the showing required by 28 U.S.C. 2244(b). See 9th Cir. R. 22-3(a). The Clerk of Court is DIRECTED to close this case and transfer all original documents to the United States Court of Appeals for the Ninth Circuit. cc: United States Court of Appeals for the Ninth Circuit (jo) COURT'S CERTIFICATE OF SERVICE - Tony Alan Williams will be served by First Class Mail on August 26, 2021 to the address of record listed on the Notice of Electronic Filing (NEF). The United States Court of Appeals for the Ninth Circuit received a copy of this order electronically.
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Filing 2
HABEAS DEFICIENCY ORDER - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 8/23/2021. (jo)
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| Filing 1 PETITION Under 28 U.S.C. 2254 For Writ of Habeas Corpus by a Person in State Custody - filed by Tony Alan Williams (Attachments: #1 Mailing Envelope) (jo) |
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