No. 23A595

Clifford D. Jackson v. Neil McDowell, Warden

Lower Court: Ninth Circuit
Docketed: 2023-12-28
Status: Presumed Complete
Type: A
Tags: certificate-of-appealability civil-procedure constitutional-claim habeas-corpus rule-60b section-2254
Latest Conference: N/A
Question Presented (AI Summary)

Whether a federal court properly denied a Rule 60(b)(6) motion challenging a section 2254 habeas corpus petition without granting a certificate of appealability

Question Presented (OCR Extract)

No question identified. : 10 11 12 13 14 i5 16 17 18 19 20 21 22 23 24 25 26 27 28 This motion is based on the denial of petitioners 60(b) (6) motion and Rhine v. Weber Stay that was over looked at Dixon v. Baker (2017) in the United States Court of Appeals for the Ninth Circuit. Case No. 22-55607. Ze Dated: J? “UH. PO éspectfu submitted, Mr. Clifford Dion Jackson UNITED STATES COURT OF APPEALS F | L E D FOR THE NINTH CIRCUIT SEP 14 2023 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS CLIFFORD D. JACKSON, No. 22-55607 D.C. No. Central District of California, Los Angeles v. NEIL MCDOWELL, Warden, ORDER Before: GRABER and WARDLAW, Circuit Judges. This appeal is from the denial of appellant’s Federal Rule of Civil Procedure 60(b) motion. The request for a certificate of appealability is denied because appellant has not shown “that (1) jurists of reason would find it debatable whether the district court abused its discretion in denying the Rule 60(b) motion and, (2) jurists of reason would find it debatable whether the underlying section [2254 petition] states a valid claim of the denial of a constitutional right.” United States | v. Winkles, 795 F.3d 1134, 1143 (9th Cir. 2015); see also 28 U.S.C. § 2253(c)(2); Slack v. McDaniel, 529 U.S. 473, 484 (2000); Lynch v. Blodgett, 999 F.2d 401, 403 (9th Cir, 1993) (order). we a fe Any pending motions are denied as moot. DENIED. OSA171 Additional material from this filing is available in the Clerk’s Office. NO ese IN THE SUPREME COURT OF THE UNITED STATES see, Clifford Dion Jackson — PETITIONER (Your Name) VS. Neil McDowell (WARDEN) — RESPONDENT(S) PROOF OF SERVICE I, Clifford Dion Jackson —, do swear or declare that on this date, , 20__, as required by Supreme Court Rule 29 I have served the enclosed MOTION } Fok. ENCARSCNENT of Time ‘TO File LIRIT of CELTVR ALA on each party to the above proceeding or that party’s counsel, and on every other person required to be served, by depositing an envelope containing the above documents in the United States mail properly addressed to each of them and with first-class postage prepaid, or by delivery to a third-party commercial carrier for delivery within 3 calendar days. The names and addresses of those served are as follows: 1 First Street NE, WASHINGTON, DC 20543 UNITED STATE SUPREME COURT = I declare under penalty of perjury that the foregoing is true and correct. Executed on od | 2025S £2g2—— (Signature)

Docket Entries

2024-01-03
Application (23A595) granted by Justice Kagan extending the time to file until February 11, 2024.
2023-12-11
Application (23A595) to extend the time to file a petition for a writ of certiorari from December 13, 2023 to February 11, 2024, submitted to Justice Kagan.

Attorneys

Clifford Jackson
Clifford D. Jackson — Petitioner
Clifford D. Jackson — Petitioner