Whether the Ninth Circuit applied an overly stringent standard in assessing the district court's disposition of a habeas petition under 28 U.S.C. § 2253(c)

The Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA ”) states that a federal habeas petitioner seeking to appeal a district court ’s denial of habeas relief must obtain a certificate of appealability (“COA ”). 28 U.S.C. § 2253(c). AEDPA also establishes a 1-year statute of limitations for a state prisoner to file a federal petition for a writ of habeas corpus. 28 U.S.C. § 2244(d). The threshold jurisdictional inquiry for the Court of Appeals, when a petition for a writ of habeas corpus is dismissed on procedural grounds, requires an applicant to show that “jurists of reason would find it debatable whether the petition states a valid claim of the denial of a constitutional right and that jurists of reason would find it debatable whether the district court was correct in its procedural ruling. ” Slack v. McDaniel, 529 U.S. 473, 474 (2000); Gonzalez v. Thaler, 565 U.S. 134, 141 (2012). The COVID-19 pandemic had a direct impact in this case. This petition presents the following questions^ 1. Was the Ninth Circuit too demanding under 28 U.S.C. § 2253(c) in assessing the district court ’s disposition of the habeas petition? (a) Whether reasonable jurists could debate whether the petition for a writ of habeas corpus was timely under 28 U.S.C. §2244(d). (b) Whether reasonable jurists could debate whether the petition for a writ of habeas corpus states a valid claim of the denial of at least one constitutional right. 2. Whether the petition for a writ of habeas corpus should be granted. ii LIST OF ALL PROCEEDINGS California Tri al and Direct Appeal : • The People of the State of California v. Wendy Downs, No. M256699 Superior Court of California, County of San Diego. Verdict dated February 6, 2020. • The People of the State of California v. Wendy Downs, No. CA282993. Superior Court of California, County of San Diego, Appellate Division. Decision filed October 2, 2020. Remittitur filed November 3, 2020. California Habeas Corpus : • Downs v. San Diego Superior Court, No. HC25602, Superior Court of California, County of San Diego. Order filed June 16, 2022. • In re Wendy Downs on Habeas Corpus, No. D080769, California Court of Appeal, Fourth Appellate District, Division One. Order filed September 13, 2022. • In re Wendy Downs, on Habeas Corpus, No. S276400, Supreme Court of California. En Banc petition for review denied and filed on November 16, 2022. Federal Habeas Corpus : • Downs v. Allison, No. 22-cw02073-MMA-DDL, U. S. District Court, Southern District of California. Order filed January 12, 2024. • Downs v. Alison, No. 24-461, U. S. Court of Appeals for the Ninth Circuit. Order filed December 24, 20247 reconsideration denied January 24, 2025.