No. 21-411

Damon B. Cook v. Brian Cates, Warden

Lower Court: Ninth Circuit
Docketed: 2021-09-15
Status: Denied
Type: Paid
Response WaivedRelisted (2)
Tags: abuse-of-discretion civil-procedure constitutional-rights district-court due-process habeas-corpus insufficient-evidence judicial-discretion motion-to-reconsider rule-60b standing
Latest Conference: 2022-01-07 (distributed 2 times)
Question Presented (AI Summary)

Whether the petitioner DAMON Cook has made a substantial showing of the denial of a constitutional right pursuant to 28 USC 2253(c)(2) in order to obtain a certificate of appealability?

Question Presented (OCR Extract)

Question Presented No.1,3 2 The 28 USC 27.53(CX(2) Statute does Nor SfeciFY s|Mrat A PetitioneR Must Show That(1) durists OF Reason «Would Find I+ debatable WhetheR The District Court -|Abuced Its discretion IN denVing The Rule loa(bXlo) Motion -lAuld(Z) Jurists OF Reason Would Find I+ debatable ,|MetheR The UnderlYind Section[2254 Rtition_] States 2 |A Valid Claim oF The DeniaLof A Constitutional RiShT »»|SeeSLack v. McDaniel 529 US 413, 483 ua Nelson! v.WalkeR 121 F.3d 878, B32 |The 28 USC_2253(C(2) Statute ONY SPeciFies That The CoueT MAY IsSue A CertiFicAte oF APRaLAbility ONIY When is |The Petitioner HAS Made A SubStontiaL SHowing of The Denial oF A ConstitutionAL Right, Which The. Rtitionek ., IDAMaN Cook HAS Made A SubStanttial Cleat SHowind OF a lINSufficiency of The Evidence. of Force Which |AMount to A DeNiaL of DUE Frocess oF LAW, IA CONSHtUTONAL RiShT, IN VioLAtion OF The "TU th AMendMenT To The UN ited States CONSHTUTION.. "Therefore, A CorliFicate oF APPaalAbilitY Should Have Been _frsSued IN This Case PursuaNT To 28 USC 225302) ANd te INSufficiencY of The Evidence of Force IS A Meritorious CLAIM. Which AMouNT To AN Extraordinary licircumstance UNdeR Federal Rule loa(ble) PursuanNT TO le NS Ve (thik 2al') 851 F.3d 148, 150-153 . son eel Mel te aus lec Pe Rt Wee, ot Any Continued 5) QUESTION(S) PRESENTED . Mit Ps Ra Can hi e+itio DAM U @) Was AN AbuSe of Discretion y ° Seo Buck v. DAVis(2ZOIT) 137 S.CT. 159, 18 ZOIT U.S. Lexis 1429 WAT L.Ed. 2d bs See BYNOE Alolo F 3d At 48] (cook) See BYNoe v. BACA(HHCié2020) Allo F3d At A719 See Davis v. MoRoneY(Tthcit: 2017) , 85‘ F.3d TH8, 750-7153 (Cook) See United States v. Holtzman Othcit 985) TL F.2d 120, T25(Cook) We ReView FoR ‘Abuse oF Discretion’ A Districl Court’” Gee ByNoe v. BACA(GhCinia20) Gob F.3d 972,979, ASo_

Docket Entries

2022-01-10
Rehearing DENIED.
2021-12-01
DISTRIBUTED for Conference of 1/7/2022.
2021-11-19
Petition for Rehearing filed.
2021-11-08
Petition DENIED.
2021-10-20
DISTRIBUTED for Conference of 11/5/2021.
2021-10-14
Waiver of right of respondent Brian Cates to respond filed.
2021-09-01
Petition for a writ of certiorari filed. (Response due October 15, 2021)

Attorneys

Brian Cates
Daniel Brian RogersOffice of the California Attorney General, Respondent
Daniel Brian RogersOffice of the California Attorney General, Respondent
Damon B. Cook
Damon B. Cook — Petitioner
Damon B. Cook — Petitioner