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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
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^
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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.
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Whether the petition for a writ of habeas corpus should be granted.
Counsel of record
For petitioner
Wendy H. Downs
For respondent
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Proceedings
- Oct 06 2025Petition DENIED.
- Aug 13 2025DISTRIBUTED for Conference of 9/29/2025.
- Jun 17 2025Petition for a writ of certiorari filed. (Response due July 28, 2025)
- Mar 18 2025Application (24A897) granted by Justice Kagan extending the time to file until June 23, 2025.
- Mar 14 2025Application (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.