Sorro v. Arizona, State of

Filing 55

ORDER denying 54 Motion for Leave to Appeal. This case remains CLOSED. Signed by Senior Judge Cindy K Jorgenson on 6/30/2020. (MCO)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Marvin Arido Sorro,
Petitioner,

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ORDER

v.

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No. CV-18-00219-TUC-CKJ

State of Arizona, et al.,

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Respondents.

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Pending before the Court is Petitioner’s Request for Permission to Appeal

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(Doc. 54). For the reasons that follow, Petitioner’s Request is DENIED, and his case

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remains CLOSED.

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Procedural History

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On November 14, 2018, Petitioner, Marvin Arido Sorro, filed an amended petition

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for writ of habeas corpus under 28 U.S.C. § 2254 (Doc. 10). On October 31, 2019,

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Magistrate Judge Jacqueline Rateau issued a Report and Recommendation (R&R)

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determining two of Petitioner’s claims were procedurally barred (Doc. 46 at 6-20) and

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recommending that the remaining claims should be denied on their merits, id. at 21-27. On

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January 8, 2020, the Court adopted the R&R of Magistrate Judge Rateau and declined to

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issue a certificate of appealability (“COA”). (Doc. 49) In so doing, the Court found that

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“jurists of reason would not find it debatable whether the [Amended] Petition stated a valid

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claim of the denial of a constitutional right[,]” or “whether the district court was correct in

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its procedural ruling.” Id. at 7. On January 21, 2020, Petitioner filed his notice of appeal

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with the Ninth Circuit Court of Appeals. (Doc. 51) On June 11, 2020, the Ninth Circuit

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issued its order denying Petitioner’s request for a COA, ruling Petitioner had failed to make

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a “substantial showing of the denial of a constitutional right.” (Doc. 53 at 1) On

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June 26, 2020, Petitioner filed the motion at hand requesting permission from this Court to

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appeal its January 8, 2020 decision. (Doc. 54)

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Analysis

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The Court declined to issue Petitioner a COA, and Petitioner appealed the Court’s

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decision on January 21, 2020. On June 11, 2020, the Ninth Circuit also declined to issue

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a COA. As such, the Ninth Circuit lacks jurisdiction to rule on the merits of an appeal

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from the Court’s June 8, 2020 Order. 28 U.S.C. § 2253(c) allows for the issuance of a

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COA when the petitioner demonstrates that reasonable jurists could agree that his petition

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could have been resolved in a different manner. Miller-El v. Cockrell, 537 U.S. 322, 327

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(2003). Petitioner has, once again, failed to make that showing. Accordingly, his Motion

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for Leave to Appeal the Court’s Order is DENIED. This case shall remain CLOSED.

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IT IS ORDERED:

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1. Petitioner’s [54] Request for Permission to Appeal (Doc. 54) is DENIED.

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2. This case remains CLOSED.

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Dated this 30th day of June, 2020.

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