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 (from Petition)

1. 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 ?DeNiaLoFDuE Process"

2.) WhetheR The PetitioNeR"s 3Rd Rule loolb)lo) MotioN WAS Timely Filed WithiN A ReaSoNAble Time AfteR The 9thcircuiT S CASE OF: BYNOE V. BACA

3.)WhetheR The PetitioNeR"s 3Rd Rule loo(b)(l6) MotioN PreSeNted ExtrAordiNArY CircumStances Warranting RE-OPENiN9 The FiNAL JUd9MeNT AS ALL(lo) PhelPs' FactORS Supported d ReCoNSideriNg The District CouRT ?S 2002 HAbeas CorAus JudgMeNT

4.WhetheR There WAS INSUFFiCieNT Evidence of Force To Establish PetitioNeR DAMON Cook's Guilt ReasoNAble BeYoNd A Doubt

5.) WhetheR The District COURt PetitioNeR DAMON CooK's deNial of 3Rd S6 Rule (O(b)() MotiONS Was AN Abuse of Discretion ?

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?

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
Damon B. Cook
Damon B. Cook — Petitioner