No. 22-6792

Gary D. Swierski v. Craig Koenig, Acting Warden

Lower Court: Ninth Circuit
Docketed: 2023-02-15
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 2nd-amendment certificate-of-appealability civil-procedure civil-rights due-process habeas-corpus judicial-review order-to-show-cause reasonably-debatable second-amendment standing
Key Terms:
DueProcess FourthAmendment HabeasCorpus JusticiabilityDoctri
Latest Conference: 2023-03-17
Question Presented (AI Summary)

Whether the district court's issuance of an 'ORDER TO SHOW CAUSE' indicates that the petitioner's Second Amendment claims are reasonably debatable and a certificate of appealability should be issued

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR COURT REVEIW; —$—$—_=$__—___; @ When the Northern District Court issued an "ORDER TO SHOW CAUSE" in this Petitioner's (S.A.P.) Second Amendment Petition, is that indicative that jurist of reason would find the claim[s] reasonably debatable and C.0.A. should issue? (Buck v. Davis (2017) 137 S.Ct. 759) See "ORDER TO SHOW CAUSE" (on Page 3 of 4, : Line 7) states: Liberally construed, the claims appear arguably cognizable under , §2254 and merit an answer from Respondent; see

Docket Entries

2023-03-20
Petition DENIED.
2023-02-23
DISTRIBUTED for Conference of 3/17/2023.
2023-02-16
Waiver of right of respondent Craig Koenig to respond filed.
2022-06-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 17, 2023)

Attorneys

Craig Koenig
Gregory A. OttCalifornia Attorney General's Office, Respondent
Gary D. Swierski
Gary D. Swierski — Petitioner