Supreme Court Report

Supreme Court of the United States · Official docket →

Wendy Downs v. Jeff Macomber, Secretary, California Department of Corrections and Rehabilitation, et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 24-461 · judgment December 24, 2024


Certiorari denied · October 6, 2025
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

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.

Counsel of record

For petitioner
Wendy H. Downs

For respondent

Case

Conference history
Distributed for 1 conference

Linked docket
24A897

Proceedings

  1. Oct 06 2025
    Petition DENIED.
  2. Aug 13 2025
    DISTRIBUTED for Conference of 9/29/2025.
  3. Jun 17 2025
    Petition for a writ of certiorari filed. (Response due July 28, 2025)
  4. Mar 18 2025
    Application (24A897) granted by Justice Kagan extending the time to file until June 23, 2025.
  5. Mar 14 2025
    Application (24A897) to extend the time to file a petition for a writ of certiorari from April 24, 2025 to June 23, 2025, submitted to Justice Kagan.