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Damon Balar Cook v. Patrick Covello, Warden

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 24-630 · judgment March 25, 2024


Certiorari denied · November 4, 2024
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

  1. Whether the petitioner Damon Cook was prej­ udicially denied an opportunity to be heard on his insufficiency of the evidence of force claim in violation of due process — Thereby making the 2002 federal district court’s judgment as void pursuant to Federal . Rule of Civil Procedure 60(b)(4)? See United Student Aid Funds Inc. v. Espinosa 559 U.S. 260, 271 (2010).

  2. Whether the 2002 federal district court’s judg­ ment is void under Federal Rule of Civil Procedure 60(b)(4). Because the district court acted inconsistent with due process of law? See Constr. Drilling. Inc. v. Chusid, 131 F. App'x 366, 372-3 (3d Cir. 2005).

  3. Whether the petitioner Damon Cook was enti­ tled to a certificate of appealability on the Federal question of the validity of the 2002 district court’s judgment pursuant to Federal Rule of Civil Procedure 60(b)(4). As void for a violation of due process being denied an opportunity to be heard on the true merits of his insufficiency of the evidence of force claim? See Exp. Grp. v. Reef Indus., Inc., 54 F.3d 1466, 1469 (9th Cir. 1995). A certificate of appealability should issue on the question,

  4. Whether the district court erred when it denied petitioner Damon Cook a “Hearing’’ on his insufficiency of the evidence of force claim? In violation of due process that deprived Damon Cook the opportunity to the heard on his insufficiency of the evidence of force claim thereby making the 2002 federal district court’s judgment as void pursuant to Federal Rule of Civil Procedure 60(b)(4). See United

Counsel of record

For petitioner
Damon Balar Cook

For respondent

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Jan 27 2025
    Rehearing DENIED.
  2. Jan 08 2025
    DISTRIBUTED for Conference of 1/24/2025.
  3. Nov 20 2024
    Petition for Rehearing filed.
  4. Nov 04 2024
    Petition DENIED.
  5. Oct 09 2024
    DISTRIBUTED for Conference of 11/1/2024.
  6. May 17 2024
    Petition for a writ of certiorari filed. (Response due September 27, 2024)