No. 24-1316

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

Lower Court: Ninth Circuit
Docketed: 2025-06-26
Status: Denied
Type: Paid
Tags: aedpa certificate-of-appealability constitutional-rights habeas-corpus procedural-grounds statute-of-limitations
Latest Conference: 2025-09-29
Question Presented (from Petition)

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.

Question Presented (AI Summary)

Whether the Ninth Circuit applied an overly stringent standard in assessing the district court's disposition of a habeas petition under 28 U.S.C. § 2253(c)

Docket Entries

2025-10-06
Petition DENIED.
2025-08-13
DISTRIBUTED for Conference of 9/29/2025.
2025-06-17
Petition for a writ of certiorari filed. (Response due July 28, 2025)
2025-03-18
Application (24A897) granted by Justice Kagan extending the time to file until June 23, 2025.
2025-03-14
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.

Attorneys

Wendy Downs
Wendy H. Downs — Petitioner