No. 25-510

Damon Balar Cook v. Luis Garnica, Acting Warden

Lower Court: Ninth Circuit
Docketed: 2025-10-24
Status: Denied
Type: Paid
Tags: appeal-reinstatement discretion-abuse mandate-recall miscarriage-justice ninth-circuit procedural-review
Latest Conference: 2026-01-09
Question Presented (from Petition)

1. Whether the Ninth Circuit Court of Appeals Abused its discretion in denying Petitioner Damon Cook's timely motion to recall the mandate and to reinstate the appeal to prevent an injustice or to stop a miscarriage of justice?

2. Whether the Ninth Circuit Court of Appeal's Decision denying petitioner Damon Cook's timely motion to recall the mandate and to reinstate the appeal was an abused of discretion to prevent an injustice or to stop a miscarriage of justice?

3. Whether the Ninth Circuit abused its discretion when it neglected to issue its mandate in a timely manner pursuant to Ryan v. Schad, 570 U.S. 521, 523-525, 528 (2013)?

4. Whether the Ninth Circuit abused its discretion for failing to reinstate his appeal under Meyers v. Birdsong, 83 F.4th 1157, 1159 (9th Cir. 2023)?

Question Presented (AI Summary)

Whether the Ninth Circuit abused its discretion in denying a timely motion to recall the mandate and reinstate an appeal to prevent a miscarriage of justice

Docket Entries

2026-01-12
Petition DENIED.
2025-12-10
DISTRIBUTED for Conference of 1/9/2026.
2025-10-20
Petition for a writ of certiorari filed. (Response due November 24, 2025)

Attorneys

Damon B. Cook
Damon B. Cook — Petitioner