Free Order of 9th Circuit - District Court of Arizona - Arizona

FILED
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
SEP 16 2008
MOLLY C. DWYER, CLERK
U .S. C O U R T OF APPE ALS

JAMES RAY HUNTER, Petitioner, v. JOHN PALOSAARI, Warden, Respondent.

No. 08-72064

ORDER

Before: SCHROEDER, LEAVY and IKUTA, Circuit Judges. The Clerk shall substitute John Palosaari, Warden, as the proper respondent. See Fed. R. App. P. 43(c)(2). The application for authorization to file a second or successive 28 U.S.C. § 2254 habeas corpus petition in the district court is denied. Petitioner has not made a prima facie showing under 28 U.S.C. § 2244(b)(2) that: (A) the claim relies on a new rule of constitutional law, made retroactive to cases on collateral review by the Supreme Court, that was previously unavailable; or (B)(i) the factual predicate for the claim could not have been discovered previously through the exercise of due diligence; and (ii) the facts underlying the claim, if proven and viewed in light of the evidence as a whole, would be sufficient to establish by clear and convincing evidence that, but for constitutional error, no reasonable fact finder would have found the applicant guilty of the underlying offense.

KW /MOATT

Case 2:00-cv-02220-SRB

Document 46

Filed 07/18/2008

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No petition for rehearing or motion for reconsideration shall be filed or entertained in this case. See 28 U.S.C. § 2244(b)(3)(E).

KW /MOATT

Case 2:00-cv-02220-SRB

2 Document 46

08-72064

Filed 07/18/2008

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