Supreme Court of the United States · Official docket →
Damen Rabb v. Christian Pfeiffer, Warden
IFP petition · United States Court of Appeals for the Ninth Circuit, No. 20-55204 · judgment January 14, 2021
Questions presented
The questions presented are as follows:
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After a court of appeals finds that a petitioner has met the prima facie threshold to proceed in a successive petition pursuant to 28 U.S.C. § 2244(b)(2)(B), does due process require that the district court give the petitioner a fair opportunity to provide proof supporting his claims, including his claim that he is innocent, when the petitioner previously made repeated diligent efforts to stay his original appellate proceeding in order to further develop the record, but was prevented by the courts from returning to the district court to do so?
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Did the Ninth Circuit Court of Appeals’ summary denial of a certificate of appealability disregard the standards guiding COA determinations?
Counsel of record
For petitioner
Brian Marc Pomerantz
Law Offices of Brian M. Pomerantz
For respondent
Ana Rosa Duarte
State of California, Office of the Attorney General
Case
Conference history
Distributed for 1 conference
Proceedings
- Oct 04 2021Petition DENIED.
- Jul 01 2021DISTRIBUTED for Conference of 9/27/2021.
- Jun 28 2021Waiver of right of respondent Christian Pfeiffer to respond filed.
- Jun 14 2021Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 19, 2021)