Rule 22 - Habeas Corpus and Section 2255 Proceedings

2 Citing briefs

  1. BRIGGS v. BROWN

    Respondents, Xavier Becerra and Edmund G. Brown, Jr., Written Return

    Filed February 27, 2017

    Despite this broad jurisdiction, any of these three entities “may decline to entertain an application for a writ of habeas corpus and maytransfer the application for hearing and determination to the district court having jurisdiction to entertain it.” (Ud., subd. (b); See also 28 U.S.C., § 2255, subd. (e); Fed. R. App.P. 22, subd. (a).) 37 a habeas corpuspetition challenging a decision of the parole board should be filed in the superior court, which should entertain in the first instance the petition.” (Emphasis added.)

  2. Kulakov v. Superintendent

    MEMORANDUM DECSION AND ORDER: ORDERED THAT the Petition under 28 U.S.C. § 2254 for Writ of Habeas Corpus 1 is DENIED. IT IS FURTHER ORDERED THAT the Court declines to issue a Certificate of Appealability. Any further request for a Certificate of Appealability must be addressed to the Court of Appeals. The Clerk of the Court is to enter judgment accordingly. Signed

    Filed November 30, 2012

    ’” (quoting Miller-El, 537 U.S. at 327)). See Fed. R. App. P. 22(b); Ninth Circuit R. 22-1.53 15 Case 9:10-cv-01312-JKS Document 23 Filed 11/30/12 Page 15 of 15