No. 21-5972

Alfredo Camargo v. David Shinn, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al.

Lower Court: Ninth Circuit
Docketed: 2021-10-14
Status: Denied
Type: IFP
Response RequestedResponse WaivedRelisted (2)IFP
Tags: certificate-of-appealability circuit-split federal-court federal-habeas habeas-corpus procedural-decision procedural-default reasoned-decision substantial-claim
Key Terms:
DueProcess HabeasCorpus Securities Privacy JusticiabilityDoctri
Latest Conference: 2022-02-18 (distributed 2 times)
Question Presented (AI Summary)

Whether a certificate of appealability should issue as a matter of course

Question Presented (OCR Extract)

QUESTIONS PRESENTED I. Whether a certificate of appealability should issue as a matter of course where reasonable jurists— here, the district court and the magistrate judge— have disagreed over whether the petition states a substantial claim, as the Second and Sixth Circuits have held, and contrary to the Ninth Circuit below and the Eleventh Circuit. Il. Whether, under Yist v. Nunnemaker, 501 U.S. 797 (1991), and Wilson v. Sellers, 138 S. Ct. 1188 (2018), a federal court should “look through” the last reasoned procedural decision of a higher state court to the reasoned merits decision of a lower state court in assessing the merits of a federal habeas claim, as the Ninth Circuit ruled below, or whether the “last reasoned decision” may rest on procedural grounds, as the Second, Sixth, and Seventh Circuits have held and as it did in Yist. i

Docket Entries

2022-02-22
Petition DENIED.
2022-01-20
DISTRIBUTED for Conference of 2/18/2022.
2022-01-12
Reply of petitioner Alfredo Camargo filed.
2022-01-03
Brief of respondents David Shinn, et al. in opposition filed.
2021-11-19
Motion to extend the time to file a response is granted and the time is extended to and including January 3, 2022.
2021-11-18
Motion to extend the time to file a response from December 2, 2021 to January 3, 2022, submitted to The Clerk.
2021-11-02
Response Requested. (Due December 2, 2021)
2021-10-28
DISTRIBUTED for Conference of 11/12/2021.
2021-10-22
Waiver of right of respondent David Shinn, et al. to respond filed.
2021-10-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 15, 2021)

Attorneys

Alfredo Camargo
Molly Alana KarlinOffice of the Federal Public Defender, Petitioner
David Shinn, et al.
Ginger JarvisOffice of the Attorney General, Respondent