Damen Rabb v. Christian Pfeiffer, Warden
DueProcess FifthAmendment HabeasCorpus
whether-due-process-requires-district-court-to-give-petitioner-fair-opportunity-to-provide-proof-supporting-claims
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