Williams v. Spearman

Filing 4

ORDER of Dismissal. Signed by Judge Edward M. Chen on 5/29/2013. (Attachments: # 1 Certificate of Service). (emcsec, COURT STAFF) (Filed on 5/29/2013) (Additional attachment(s) added on 5/29/2013: # 2 Application for Leave to File Second or Successive Petition) (emcsec, COURT STAFF).

Form 12.
(IVew, 711101)

Application for Leave to File Second or Successive Petition
Under 28 U.S.c. § 2254 or Motion Under 28 U.S.C. § 2255

UNITED STATES COURT of APPEALS

for the NINTH CIRCUIT

95 Seventh Street

San Francisco, California 94103

Application for Leave to File Second or Successive Petition
Under 28 U.S.C. § 2254 or Motion Under 28 U.S.c. § 2255

Docket Number

-------------------------------------(to be provided by court)

Petitioner's name --------Prisoner registration number
Address

-------------------------------------------------------------------Instructions - Read Carefully

I) This application, whether handwritten or typewritten, must be legible and signed by the petitioner under penalty
of perjury. An original and five (5) copies must be provided to the Clerk of the Ninth Circuit. The application
must comply with 9th Circuit Rule 22-3, which is attached to this form.
2) All questions must be answered concisely. Add separate sheets if necessary.
3) The petitioner shall serve a copy ofthis application and any attachments on respondent and must complete and
file a proof of service with this application.
4) The petitioner shall attach to this application copies of the magistrate judge's report and recommendation and
the district court's opinion in any prior federal habeas proceeding under 28 U.S.C. § 2254 or § 2255 or state why
such documents are unavailable to petitioner.

You Must Answer the Following Questions:
(1) What conviction(s) are you challenging?

(2)

In what court(s) were you convicted of these crime(s)?

(3)

What was the date of each of your conviction(s) and what is the length of each sentence?

or questions (4) through (9), provide information separately for each of your previous §§ 2254
r 2255 roceedings. Use additional a es if necessar •
(4)

With respect to each conviction and sentence, have you ever filed a petition or motion for habeas
corpus relief in federal court under 28 U.S.C. § 2254 or § 2255?

YesD

NoD

(a) In which federal district court did you file a petition or motion?

(b) What was the docket number? _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
(c) On what date did you file the petition/motion? _ _ _ _ __

(5)

What grounds were raised in your previous habeas proceeding?
(list all grounds and issues previously raised in that petition/ motion)

(6)

Did the district court hold an evidentiary hearing? Yes D

NoD

(7)

How did the district court rule on your petition/motion?

D

District court dismissed petition/motion? If yes, on what grounds?

D

District court denied petition/motion;

D

District court granted relief;
ifyes, on what claims and what was the relief?

(Attach copies of aU reports and orders issued by the district court.)
(8)

On what date did the district court decide your petition/motion?

(9)

Did you file an appeal from that disposition? Yes

D

NoD

(a) What was the docket number of your appeal? _ _ _ _ _ _ _ _ _ _ _ _ __
(b) How did the court of appeals decide your appeal?_ _ _ __

(10)

State concisely each and every ground or issue you wish to raise in your current petition or
motion for habeas relief. Summarize briefly the facts supporting each ground or issue.

(11)

For each ground raised, was it raised in the state courts? If so, what did the state courts rule
and when?

(12)

For each ground/issue raised, was this claim raised in any prior federal petition/motion? (list
each ground separately)

(13)

For each ground/issue raised, does this claim rely on a new rule of constitutional law? (list each
ground separately and give case name and citation for each new rule of law)

(14) For each ground/issue raised, does this claim rely on newly discovered evidence? What is the
evidence and when did you discover it? Why has this newly discovered evidence not been
previously available to you? (list each ground separately)

(15)

For each ground/issue raised, does the newly discovered evidence establish your innocence?
How?

(16)

F or each ground/issue raised, does the newly discovered evidence establish a federal
constitutional error? Which provision of the Constitution was violated and how?

(17)

Provide any other basis for your application not previously stated.

Date:

Signature:,_ _ _ _ _ _ _ _ _ _ _ _ _ __

IProof of Service on Respondent MUST be Attached.

I