No. 20-8332

Damen Rabb v. Christian Pfeiffer, Warden

Lower Court: Ninth Circuit
Docketed: 2021-06-17
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 28-usc-2244 certificate-of-appealability district-court due-process federal-procedure habeas-corpus innocence-claim standards-for-coa-determinations successive-petition
Key Terms:
DueProcess FifthAmendment HabeasCorpus
Latest Conference: 2021-09-27
Question Presented (AI Summary)

whether-due-process-requires-district-court-to-give-petitioner-fair-opportunity-to-provide-proof-supporting-claims

Question Presented (OCR Extract)

QUESTIONS PRESENTED The questions presented are as follows: 1. After a court of appeals finds that a petitioner has met the prima facie threshold to proceed in a successive petition pursuant to 28 U.S.C. § 2244(b)(2)(B), does due process require that the district court give the petitioner a fair opportunity to provide proof supporting his claims, including his claim that he is innocent, when the petitioner previously made repeated diligent efforts to stay his original appellate proceeding in order to further develop the record, but was prevented by the courts from returning to the district court to do so? 2. Did the Ninth Circuit Court of Appeals’ summary denial of a certificate of appealability disregard the standards guiding COA determinations? i

Docket Entries

2021-10-04
Petition DENIED.
2021-07-01
DISTRIBUTED for Conference of 9/27/2021.
2021-06-28
Waiver of right of respondent Christian Pfeiffer to respond filed.
2021-06-14
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 19, 2021)

Attorneys

Christian Pfeiffer
Ana Rosa DuarteState of California, Office of the Attorney General, Respondent
Ana Rosa DuarteState of California, Office of the Attorney General, Respondent
Damen Rabb
Brian Marc PomerantzLaw Offices of Brian M. Pomerantz, Petitioner
Brian Marc PomerantzLaw Offices of Brian M. Pomerantz, Petitioner