Ellis v. Kramer

Filing 5

ORDER of USCA. (slh, COURT STAFF) (Filed on 12/15/2008)

Download PDF
F IL E D U N IT E D STATES COURT OF APPEALS FOR THE NINTH CIRCUIT NOV 05 2008 MOLLY C. DWYER, CLERK U . S . C O U R T OF APPE A L S R O B E R T ELLIS, Petitioner, v. N o . 08-73498 ORDER M .C . KRAMER, Warden, Respondent. B efo re: TROTT, GOULD and TALLMAN, Circuit Judges. T h e application for authorization to file a second or successive 28 U.S.C. 2254 habeas corpus petition in the district court is denied. Petitioner has not m ad e a prima facie showing under 28 U.S.C. 2244(b)(2) that: (A ) the claim relies on a new rule of constitutional law, made retroactive to cases on collateral review by the Supreme Court, that was previously u n av ailab le; or ( B ) (i) the factual predicate for the claim could not have been discovered p rev io u sly through the exercise of due diligence; and (ii) the facts u n d erlyin g the claim, if proven and viewed in light of the evidence as a w h o le , would be sufficient to establish by clear and convincing evidence th at, but for constitutional error, no reasonable fact finder would have found th e applicant guilty of the underlying offense. N o petition for rehearing or motion for reconsideration shall be filed or en tertain ed in this case. See 28 U.S.C. 2244(b)(3)(E). KB/MOATT

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?