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830 total news articles in this section, 10 per page.
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RAY HARRYHAUSEN PRESENTS - BlueWater Productions - Covers, interiors (2006-2008)
BEAST WARS SOURCEBOOK - IDW Publishing - Character art (2007-2008)
MARVEL HANDBOOKS - Marvel Comics - Art Refurbishing (2008-2009)
Challenge Games - Concept/Production Artist (2009)
BLACK PAW: RETURN OF THE DRAGON - Gleaming Scythe Productions - Character/creature design (2008-2010)
Chaotic Moon Studios - Concept/Production artist (2010)
GODZILLA: KINGDOM OF MONSTERS - IDW Publishing - Retailer Incentive covers (2011)
DUNGEON IN A DECK - Games By Gamers - Character design, creature design (2011)
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Wednesday, April 25, 2012
9 AM-5 PM Transformers Customizing Class Shawnee Trail
8:30 PM Golden Ticket Package Pick-Up Reunion Ballroom
9:30-10:30 Tour and Class Package Pick-Up Reunion Ballroom
Thursday, April 26, 2012
9 AM-5 PM Transformers Customizing Class Shawnee Trail
4:00 PM Golden Ticket Pick-up Reunion Ballroom
5:00 Golden Ticket Store Opens Marsalis Hall
6:00 Registration Pick-up Store Opens Reunion Ballroom
6:00 Store Opens Marsalis Hall
8:00-9:30 Exhibitor Unload and Drop Off Marsalis Hall
Friday, April 27, 2012
7:30AM -2PM Exhibitor Setup Marsalis Hall
8:30-9:30 Club Store opens for Exhibitors Only Marsalis Hall
9:30-11:30 Club Store opens for all Registered Guests Marsalis Hall
9:30 Walk-up Late Registration Marsalis Prefunction
9:00-12:00 Contest Setup Marsalis Hall
9:00-10:50 Panel: MSTF! Reunion Ballroom
11:00-11:50 Panel: Transformers Filmfest Reunion Ballroom
Noon Contest Judging Marsalis Hall
Noon-1:00 Lunch
1:00-1:50 Panel: TCC Comic Panel Reunion Ballroom
2:00 Private Sales Room Experience Marsalis Hall
2:00-3:30 Autographs: David Kaye, Garry Chalk, Simon Furman
3:30-5:00 Autographs: Dan Gilvezan, Buster Jones
5:00 PM Private Sales Room Experience ends
7:00 PM Golden Ticket Reception Reunion Ballroom
Saturday, April 28, 2012
7:30 AM Exhibitor Set-up Marsalis Hall
8:30 Registered Guests Private Preview Marsalis Hall
9:00 Early Bird Entry Marsalis Hall
10:00 General Admission Marsalis Hall
10:00-10:50 Panel: Dan Gilvezan, Buster Jones Reunion Ballroom
10:00-11:30 Autographs: David Kaye, Garry Chalk
11:00-11:50 Panel: Transformers Comics: IDW Reunion Ballroom
Noon-12:50 Panel: Animated Talk with Derrick Wyatt Reunion Ballroom
Noon-1:30 Autographs: Dan Gilvezan, Buster Jones, Simon Furman
1:00-1:50 Panel: David Kaye, Garry Chalk Reunion Ballroom
1:30-3:00 Autographs: Peter Cullen
2:00-2:50 Panel: Transformers Collectors' Club Roundtable TCC Staff Reunion Ballroom
3:00-3:50 Panel: Hasbro Transformers Brand Team Reunion Ballroom
4:00-4:50 Panel: Peter Cullen Reunion Ballroom
5:00 PM Show Closes
6:30 PM Cocktail Reception Reunion Prefunction
7:00 PM Hall of Fame Party and Casino Night Dinner Reunion Ballroom
Sunday, April 29, 2012
9:00 AM Exhibitor Set-up Reunion Ballroom
9:30 Registered Guests and General Admission Marsalis Hall
10:00-10:50 Panel: Bee in the City 2! David Kaye,
Garry Chalk, Dan Gilvezan, Buster Jones Reunion Ballroom
11:30-1:00 Autographs: David Kaye, Garry Chalk, Simon Furman
11:00-11:50 Panel: Activision: Fall of Cybertron Reunion Ballroom
Noon-12:50 Panel: Simon Furman Reunion Ballroom
1:00-2:30 Autographs: Dan Gilvezan, Buster Jones
1:00-1:50 Panel: JAGEX: Transformers Universe Reunion Ballroom
2:00-2:50 Panel: Transformers Costuming: Design Your
Own Costume! Rosemary Ward Reunion Ballroom
3:15 Draw for Trips to 2013 Convention Marsalis Hall
3:30 PM Show Closes
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Dear *******
Thank you for contacting us regarding our Transformers product line.
I am happy to confirm that we will be offering the Fall of Cybertron line this coming summer and that it will be exclusive to the Argos chain.
In the interim, please check your local retailers for the newest products from the Transformers Prime line, including the recently released Revealers: Ratchet and Knock-Out.
Kind regards,
Hasbro UK Customer Service
00800 22 42 72 76"
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Transformers: More Than Meets The Eye Ongoing #7
James Roberts (w) • Alex Milne (a) • Milne, Nick Roche (c)
DECEPTICON MONTH! The war's over — but no-one told the DECEPTICON Justice Division! Meet the five deadliest DECEPTICONS in the galaxy. Their sole purpose: to hunt down and kill anyone who has ever disobeyed MEGATRON. Who's their next target?
FC • 32 pages • $3.99
*Variant covers:
Marcelo Matere variant! Interlocks with TRANSFORMERS: Robots in Disguise #7's RI cover!
Bullet points:
• The massive success of the TRANSFORMERS relaunch continues!
• Nobody's safe and nothing is sacred!
Transformers: Robots in Disguise Ongoing #7
John Barber (w) • Brendan Cahill (a) • Andrew Griffith, Casey Coller (c)
DECEPTICON MONTH! Fan-favorite character TURMOIL returns from the dead—but what does he want on CYBERTRON? The AUTOBOTS don't want another DECEPTICON on their planet and the DECEPTICONS don't want things to get any worse... but what Wheeljack discovers about the DECEPTICON warlord will change everything!
FC • 32 pages • $3.99
*Variant covers:
Marcelo Matere variant! Interlocks with TRANSFORMERS: More Than Meets The Eye #7's RI cover!
Bullet points:
• The Decepticons take center stage this month!
Transformers: Regeneration One #81
Simon Furman (w) • Andrew Wildman & Stephen Baskerville (a) • Wildman, Guido Guidi (c)
The TRANSFORMERS comic that began it all—is back. With a vengeance! 21 years have passed since CYBERTRON was restored to its former glory, and finally there is peace. But, after millions of years of bitter civil war, can all ever truly be one? In a conflict this primal, this epic and far-reaching... There are always "Loose Ends"!
FC • 32 pages • $3.99
*Variant covers:
Geoff Senior variant!
Unique hand-sketched variant by Daniel Khanna!
Bullet points:
• Picks up where the original TRANSFORMERS comic book series left off—with the same creative team!
• Fan Favorite legends Simon Furman and Andrew Wildman reunited!
• 50/50 retro cover by Guido Guidi!
Transformers: Regeneration One 100-Page Spectacular
Simon Furman (w) • Andrew Wildman & Stephen Baskerville (a) • Wildman (c)
GET READY FOR REGENERATION ONE! For the first time in nearly a decade the final issues of the original run of TRANSFORMERS are back—just in time for the story to continue in TRANSFORMERS: REGENERATION ONE #81! Following a planet-shattering battle with UNICRON, OPTIMUS PRIME has fallen! How will the other AUTOBOTScarry on—and will PRIME be back in time for CYBERTRON's darkest hour? Reprinting THE TRANSFORMERS #76-80!
FC • 100 pages • $7.99
*Variant covers:
Guido Guidi variant retro cover!
Bullet points:
• The last issues of the original TRANSFORMERS comic series—by the same writer, penciler, and inker as REGENERATION ONE #81!
• Fan favorite characters meet their final fates!
• Includes the legendary "END OF THE ROAD"!
Transformers: Robots in Disguise, Vol. 1
John Barber (w) • Andrew Griffith (a & c)
The war for Cybertron is over—now the hard part begins! BUMBLEBEE and his fellow AUTOBOTS struggle to maintain control of a world without OPTIMUS PRIME! Bumblebee's provisional government is struggling and Prowl defends it against the DECEPTICONS but how far will he go—and who will chose to stand by his side?
TPB • FC • $19.99 • 124 pages • ISBN 978-1-61377-291-1
Bullet points:
• The smash-hit re-launch collected in trade paperback!
Transformers: Autocracy
Chris Metzen & Flint Dille (w) • Livio Ramendelli (a & c)
Before Optimus became a Prime... he fought for order. Before MEGATRON became a conquerer... he fought for freedom. Before they were enemies... they stood against—Autocracy. Writers Chris Metzen (World of Warcraft) and Flint Dille (original TRANSFORMERS animated series) are joined by artist Livio Ramondelli (TRANSFORMERS: Chaos) to bring you an IDW comics event five million years in the making.
TPB • FC • $19.99 • 120 pages • ISBN 978-1-61377-290-4
Bullet points:
• The smash-hit digital comic, collected in print for the first time!
Infestation 2, Vol. 2
Mike Raicht & Chuck Dixon (w) • Valentine DeLandro & Guido Guidi (a) • Livio Ramendelli (c)
The Lovecraftian monsters invade the worlds of TRANSFORMERS and G.I. JOE in INFESTATION 2. It's a steam-punk world in the grips of panic as terrifying beings from the depths of the ocean corrupt both humans and DECEPTICONS! Meanwhile, COBRA has always had a penchant for dark experiments. This time they've gone too far and opened a portal to a realm of violence and madness. As squadron after squadron of Cobra Vipers falls under the thrall of the Elder Gods there seems no way to stop the hideous transformations that are taking place. Can SNAKE EYES stop it?
TPB • FC • $17.99 • 104 pages • ISBN 978-1-61377-280-5
Battle Beasts #1 (of 4)
Bobby Curnow (w) • Valerio Schiti (a) • Dan Brereton (c)
It's just another average day for Bliss, an ignored linguist at the Department of Defense. However, when Bliss unlocks the secret translation of an ancient scroll, terror rains from the sky... in the form of the BATTLE BEASTS! Unstoppable creatures armed to the teeth, the Battle Beasts are determined to make Earth their own personal war zone. Nothing can stop their merciless carnage. Nothing except perhaps a gentle word from the one woman who can understand them—Bliss!
FC • 32 pages • $3.99
*Variant covers:
Wraparound Ulises Farinas cover!
Bullet Points:
• The beloved toys from the '80s come to life in a story with non-stop action!
• If you love Transformers or Teenage Mutant Ninja Turtles, you'll love this tale of intergalactic creature mayhem!
• Wraparound Ulises Farinas cover!
Cobra #15
Mike Costa (w) • Antonio Fuso (a) • Antonio Fuso (c)
The lies and betrayals keep adding up, as Flint struggles to maintain his honor amidst his team of scoundrels and backstabbers. And is the information that Tomax has been supplying really on the level? Of course not... but what game is he playing?
FC • 32 pages • $3.99
*Variant covers:
Joe Eisma (Morning Glories) & Juan Castro cover!
Bullet points:
Classic G.I. JOE, Vol. 15
Larry Hama, Eric Fein, & Peter Quinones (w) • Phil Gosier, William Rosado, & Ernie Stiner (a) • Jonboy Meyers (c)
The original run of Marvel's G.I. JOE: A REAL AMERICAN HERO comes to a conclusion. Issues #146–155 are collected in this final volume of CLASSIC G.I. JOE.
TPB • FC • $24.99 • 248 pages • ISBN 978-1-61377-274-4
Bullet points:
• All 155 issues of A REAL AMERICAN HERO are now collected for the first time.
G.I. JOE: Cobra Command, Vol. 2
Chuck Dixon & Mike Costa (w) • Alex Cal & Beni Lobel (a) • Dave Wilkins (c)
COBRA COMMAND CONCLUDES! The new COBRA COMMANDER is on a path of conquest and destruction. The G.I. JOE, SNAKE EYES, and COBRA story lines converge in this second volume as the JOES struggle to survive. Everything changes here! Who lives—who dies—who wins? The answers aren't what you expect, and the foundation for the future of G.I. JOE starts here!
TPB • FC • $19.99 • 120 pages • ISBN 978-1-61377-278-2
Bullet points:
• Includes issues 10 & 11 of all three ongoing G.I. JOE series!
G.I. JOE: Disavowed, Vol. 6
Brandon Jerwa (w) • Tim Seeley, Jason Millet, & Emiliano Santalucia (a) • Sharp Bros. (c)
Containing the two-part "Bad Moon Rising," where General "Joe" Colton returns to lead the JOEs for the recovering Hawk and the first three parts of the "Union of the Snake" storyline that leads to the conclusion of the "Real American Hero" story arc.
TPB • FC • $19.99 • 124 pages • ISBN 978-1-61377-222-5
Bullet points:
• Collects issues #34–38!
G.I.JOE: A Real American Hero #180
Larry Hama (w) • S L Gallant (a) • Herb Trimpe, Gallant (c)
In this special issue of G.I. Joe: A Real American Hero, G.I. JOE goes to SAN DIEGO COMIC-CON INTERNATIONAL! After being provided with pivotal information, G.I. JOE travel to San Diego in order to stop a plot to exchange nuclear clearance codes within the confines of the SDCC. Will G.I. JOE save the day in time? You can't miss this convention-tastic issue of G.I. Joe: A Real American Hero!
FC • 32 pages • $3.99
*Variant covers:
Larry Hama variant sketch cover!
Chuck Dixon (w) • Will Rosado (a) • Tommy Lee Edwards (c)
"Deep Terror, part 3!"
DEEP TERROR rumbles on! Scarlett and Team Bravo are on the loose in a COBRA mining operation, miles beneath the surface of the Earth, with no chance of escape. In this issue they uncover the objective of Dr. Mindbender's subterranean search: a rare element that will allow COBRA to change the world forever. And that's NOT Good!
FC • 32 pages • $3.99
*Variant covers:
Black & White Tommy Lee Edwards cover!
Bullet points:
• The all-new direction for G.I. JOE continues!
Snake Eyes & Storm Shadow #15
Chuck Dixon (w) • Robert Atkins (a) • Andrea Di Vito (c)
"Serpent's Shadow," part 3!
SNAKE EYES continues a deadly game where the rules are known only to him. To prove his renewed loyalty to the Arashikage Clan, he joins a team to kill the new COBRA COMMANDER! But danger lurks for him within the ninja clan with a new betrayal around every corner. ALSO! Zartan makes some interesting new friends.
FC • 32 pages • $3.99
*Variant covers:
Lee Ferguson cover!
Bullet Points:
• Non-stop ninja and commando action!
• Featuring the key villain from G.I. JOE: RETALIATION!
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The successor to the highest-rated Transformers game of all time and in development by the acclaimed team at High Moon Studios, Transformers: Fall of Cybertron allows players to experience the darkest hours of the war between the AUTOBOTS and DECEPTICONS as they vie for control of their dying home world. Fans will fight through both sides of the Transformers' most epic battles that culminate in their legendary exodus from Cybertron. With the stakes higher and scale bigger than ever, fans will embark on an action-packed journey through massive, war-torn environments designed around each character's unique abilities and alternate forms, including GRIMLOCK's nearly indestructible T-Rex form and the legendary COMBATICONS combining into the colossal BRUTICUS. Taking the franchise's competitive multiplayer to all-new heights, Transformers: Fall of Cybertron lets fans go head-to-head in blistering AUTOBOT vs. DECEPTICON matches after creating their own unique characters with the most in-depth, advanced customization ever before seen in a Transformers game.
- The Fall of their Legendary Home Planet - Set in a desolate, post-apocalyptic era, the game thrusts players straight into an epic Transformers story where they will explore the devastated ruins of Cybertron and fight through the final, darkest hours of the war between the AUTOBOTS and DECEPTICONS.
- Colossal Scale to Win the Battle - In a desperate war for survival, fans will be able to convert from robot to alternate form when they choose to turn the tides of battle. GRIMLOCK can change into a powerful T-Rex DINOBOT for super strength and fire-breathing attack, and the COMBATICONS can combine into the massive BRUTICUS to dominate his enemies with sheer size and power.
- New and Unique Gameplay for Each Character - Every Transformers character is equipped with distinct abilities and personalities that are suited for each of the diverse missions in the game. AUTOBOT JAZZ can deploy his grappling hook to traverse across multi-level platforms. CLIFFJUMPER can cloak himself invisible to perform undetected stealth kills on his enemies. OPTIMUS PRIME can call in targeted artillery strikes from the sky. Additionally, countless characters make their very first in-game debut including GRIMLOCK, BRUTICUS, METROPLEX, the INSECTICONS and more.
- The Biggest Character Creator Ever - Adding and vastly improving upon their acclaimed multiplayer gameplay from War for Cybertron, High Moon Studios has developed the most robust character creator ever seen in a Transformers game, allowing fans to design 100% personalized characters by choosing their individual body parts, colors, vehicle shapes, weapons, abilities and much, much more. Gamers can then take them online to go head-to-head in brutal AUTOBOT vs. DECEPTICON matches to prove their supremacy.
Publisher: Activision Publishing, Inc.
Developer: High Moon Studios (Xbox 360, PS3)
Release Date: August 28, 2012
Platforms: Xbox 360®, PlayStation®3 computer entertainment system
Suggested Retail Price: $59.99 (Xbox 360, PS3)
ESRB Rating: Not yet rated by the ESRB
HASBRO and its logo, TRANSFORMERS and all related characters are trademarks of Hasbro and are used with permission. © 2012 Hasbro. All Rights Reserved.
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September 4, 2012
SHANNON WILLIAMS,PETITIONER,v.PAUL COPENHAVER, RESPONDENT.
FINDINGS AND RECOMMENDATION REGARDING PETITION FOR WRIT OF HABEAS CORPUS [Doc. 1]
Petitioner is a federal prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241.
Petitioner filed the instant petition for writ of habeas corpus on August 15, 2012. On April 28, 2011, in the United States District Court, District of Nebraska, Petitioner was convicted of conspiracy to distribute marijuana and conspiracy to launder money. See United States v. Shannon E. Williams, 8:09-cr-00457-LES-1.) On November 4, 2011, Petitioner was sentenced to 480 months in federal prison. The government also sought and obtained the forfeiture of certain property. Petitioner is currently serving his sentence at the United States Penitentiary in Atwater, California.
Petitioner has filed several notice of appeals in the United States Court of Appeals for the Eighth Circuit. The United States Court of Appeals for the Eighth Circuit affirmed the judgment in his criminal appeal on November 30, 2011, in case number 11-3420. *fn1
Petitioner currently has three other appeals pending in the United States Court of Appeal for the Eighth Circuit in case numbers 11-3437, 12-1941, and 12-1949, all dealing with a motion for a accurate copy of the transcript of the trial proceedings.
Petitioner raises the following claims in the instant petition: 1) he is being denied the right to a meaningful appeal by the deliberate changes to his trial transcripts from what actually occurred in the course of his jury trial; 2) the court reporter deliberately changed the transcript in order to hide government and judicial misconduct; 3) the court reporter and United States Marshals Service are denying the existence of audio files of Petitioner's jury trial that are in their possession; 4) the Assistant United States Attorney committed egregious misconduct during his criminal trial; 5) the appellate court erred in failing to dismiss his indictment and discipline the trial court for maintaining accurate trial transcripts; 6) the court reporter imposed ellipsis and double dashes throughout the trial transcripts to disguise what really took place; 7) the trial court unlawfully denied Petitioner's motion for accurate transcripts as frivolous; and 8) the transcripts were deliberately changed to suppress the government's failure of proof to substantiate his conviction. (Petition at 2-6.)
A federal prisoner who wishes to challenge the validity or constitutionality of his conviction or sentence must do so by way of a motion to vacate, set aside, or correct the sentence under 28 U.S.C. § 2255. Tripati v. Henman, 843 F.2d 1160, 1162 (9th Cir.1988); Thompson v. Smith, 719 F.2d 938, 940 (8th Cir.1983); In re Dorsainvil, 119 F.3d 245, 249 (3d 1997); Broussard v. Lippman, 643 F.2d 1131, 1134 (5th Cir.1981). In such cases, only the sentencing court has jurisdiction. Tripati, 843 F.2d at 1163. A prisoner may not collaterally attack a federal conviction or sentence by way of a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. Grady v. United States, 929 F.2d 468, 470 (9th Cir.1991); Tripati, 843 F.2d at 1162; see also United States v. Flores, 616 F.2d 840, 842 (5th Cir.1980).
In contrast, a federal prisoner challenging the manner, location, or conditions of that sentence's execution must bring a petition for writ of habeas corpus under 28 U.S.C. § 2241. Capaldi v. Pontesso, 135 F.3d 1122, 1123 (6th Cir. 1998); United States v. Tubwell, 37 F.3d 175, 177 (5th Cir. 1994); Kingsley v. Bureau of Prisons, 937 F.2d 26, 30 n.5 (2d Cir. 1991); United States v. Jalili, 925 F.2d 889, 893-94 (6th Cir. 1991); Barden v. Keohane, 921 F.2d 476, 478-79 (3d Cir. 1991); United States v. Hutchings, 835 F.2d 185, 186-87 (8th Cir. 1987); Brown v. United States, 610 F.2d 672, 677 (9th Cir. 1990).
A federal prisoner authorized to seek relief under § 2255 may seek
relief under § 2241 if he can show that the remedy
available under § 2255 is "inadequate or ineffective to test the
validity of his detention." Hernandez v. Campbell, 204 F.3d 861,
864-65 (9th Cir.2000); United States v. Pirro, 104 F.3d 297, 299 (9th
Cir.1997) (quoting § 2255). The Ninth Circuit has recognized that it
is a very narrow exception. Id; Ivy v. Pontesso, 328 F.3d 1057 (9th
Cir. 2003) (a petitioner must show actual innocence and
that he never had the opportunity to raise it by motion to
demonstrate that § 2255 is inadequate or ineffective); Moore v. Reno,
185 F.3d 1054, 1055 (9th Cir.1999) (per curium) (holding that the
AEDPA's filing limitations on § 2255 Motions does not render § 2255
inadequate or ineffective); Aronson v. May, 85 S.Ct. 3, 5 (1964) (a
court's denial of a prior § 2255 motion is insufficient to render §
2255 inadequate.); Lorentsen
v. Hood, 223 F.3d 950, 953 (9th Cir. 2000) (same); Tripati, 843
F.2d at 1162-63 (9th Cir.1988) (a petitioner's fears bias or unequal
treatment do not render a § 2255 petition inadequate); Williams v.
Heritage, 250 F.2d 390 (9th Cir.1957); Hildebrandt v. Swope, 229 F.2d
582 (9th Cir. 1956); see United States v. Valdez-Pacheco, 237 F.3d
1077 (9th Cir. 2001) (procedural requirements of § 2255 may not be
circumvented by invoking the All Writs Act, 28 U.S.C. § 1651). The
burden is on the petitioner to show that the remedy is inadequate or
ineffective. Redfield v. United States, 315 F.2d 76, 83 (9th Cir.
Because the current petition was filed after April 24, 1996, the provisions of the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) apply to Petitioner's current petition. Lindh v. Murphy, 521 U.S. 320, 327 (1997). A federal court must dismiss a second or successive petition that raises the same grounds as a prior petition. 28 U.S.C. § 2244(b)(1). The court must also dismiss a second or successive petition raising a new ground unless the petitioner can show that 1) the claim rests on a new, retroactive, constitutional right or 2) the factual basis of the claim was not previously discoverable through due diligence, and these new facts establish by clear and convincing evidence that but for the constitutional error, no reasonable factfinder would have found the applicant guilty of the underlying offense. 28 U.S.C. § 2244(b)(2)(A)-(B). However, it is not the district court that decides whether a second or successive petition meets these requirements, which allow a petitioner to file a second or successive petition.
Section 2244 (b)(3)(A) provides: "Before a second or successive application permitted by this section is filed in the district court, the applicant shall move in the appropriate court of appeals for an order authorizing the district court to consider the application." In other words, Petitioner must obtain leave from the Ninth Circuit before he can file a second or successive petition in district court. See Felker v. Turpin, 518 U.S. 651, 656-657 (1996). This Court must dismiss any second or successive petition unless the Court of Appeals has given Petitioner leave to file the petition because a district court lacks subject-matter jurisdiction over a second or successive petition. See United States v. Allen, 157 F.3d 661, 664 (9th Cir. 1998) (failure to request the requisite authorization to file a second or successive § 2255 motion deprives the district court of jurisdiction).
Petitioner's claims are not properly raised by way of § 2241.
Petitioner's challenges deal with the validity of his underlying
conviction as reflected in the trial transcripts and not the manner,
location, or the conditions of the execution of his sentence.
Moreover, Petitioner filed a motion for a correct copy of the trial
transcript in the sentencing court which was denied, *fn2
and Petitioner currently has three appeals pending at the appellate
court all dealing with the same challenges raised in the instant
petition. In an effort to demonstrate that Section 2255 is inadequate
and/or ineffective, Petitioner argues that he has been denied the
right to present cognizable claims on appeal in light of the
inaccurate trial transcripts. The fact that Petitioner's prior
challenges to the accuracy of the trial transcripts have been
unsuccessful does not demonstrate that Section 2255 is inadequate
and/or ineffective. Aronson v. May, 85 S.Ct. at 5 (a court's denial of
a prior § 2255 motion is insufficient to render § 2255 inadequate.);
Lorentsen v. Hood, 223 F.3d at 953 (same); Tripati v. Henman, 843 F.2d
at 1162-63 (a petitioner's fears bias or unequal treatment do not
render a § 2255 petition inadequate). Nor has Petitioner demonstrated
that his claims qualify under the savings clause of Section 2255
because his claims are not proper claims of "actual innocence."
Petitioner makes no showing that he is factually innocent of
conspiracy to distribute marijuana and conspiracy to launder money.
Therefore, Petitioner's claims are properly being pursued by way of an
appeal from his criminal conviction or, in the alternative, by way of
a Section 2255 motion. Accordingly, Section 2241 is not the proper
statute for raising Petitioner's claims, and the petition should be
dismissed for lack of jurisdiction.
Based on the foregoing, it is HEREBY RECOMMENDED that:
1. The petition for writ of habeas corpus be DISMISSED; and
2. The Clerk of Court be directed to enter judgment, terminating this action.
This Findings and Recommendation is submitted to the assigned United States District Court Judge, pursuant to the provisions of 28 U.S.C. section 636 (b)(1)(B) and Rule 304 of the Local Rules of Practice for the United States District Court, Eastern District of California. Within thirty (30) days after being served with a copy, any party may file written objections with the court and serve a copy on all parties. Such a document should be captioned "Objections to Magistrate Judge's Findings and Recommendation." Replies to the objections shall be served and filed within fourteen (14) days after service of the objections. The Court will then review the Magistrate Judge's ruling pursuant to 28 U.S.C. § 636 (b)(1)(C). The parties are advised that failure to file objections within the specified time may waive the right to appeal the District Court's order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).
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Are we asking the right questions about fracking, the environment and the economy, writes Lisa Margonelli at Pacific Standard.
Margonelli writes: "But does fracking really equal death? Or equal jobs?
"Neither a mega-boom in jobs nor environmental destruction are the major issues here. Yes, they're both possibilities—but the chatter about them has overshadowed issues that are far more urgent. The much bigger and more salient struggle is over money and risk and how they're distributed across the American landscape. To whom will go the spoils of this new boom, and on whose shoulders will the risks fall? Will states, in the absence of strong federal regulation, engage in a regulatory race to the bottom to compete for drilling contracts at the expense of their citizens? Will we be stuck arguing for and against fracking while communities are bankrupted and more carbon pours into the air?
"Or will we instead harness this new era of rising domestic fuel production and falling consumption to come up with a new energy strategy for a warming planet—and to shape an oil and gas industry that benefits the average Ohioan, Pennsylvanian, and Californian? While the dialogue around energy concerns itself with hyperbolic possibilities, 1,749 churning drill bits are biting into the American landscape this very week. Should drill bits alone determine our energy and climate policy?"
Read the whole thing here.
Chesapeake Energy Corp,the Oklahoma-based firm is the No. 1 driller in Ohio.
Rig Count Interactive Map by Baker Hughes, an energy services company.
Shale Sheet Fracking, a Youngstown Vindicator blog.
National Geographic's The Great Shale Rush.
The Ohio Environmental Council, a statewide eco-group based in Columbus.
Earthjustice, a national eco-group.
People's Oil and Gas Collaborative-Ohio, a grass-roots group in Northeast Ohio.
Concerned Citizens of Medina County, a grass-roots group.
No Frack Ohio, a Columbus-based grass-roots group.
Fracking: Gas Drilling's Environmental Threat by ProPublica, an online journalism site.
Pipeline, blog from Pittsburgh Post-Gazette on Marcellus shale drilling.
Allegheny Front, environmental public radio for Western Pennsylvania.


text:
Karachi: Young man shot dead
KARACHI: A young man was killed by gunmen within the remit of the Rizvia police station on Saturday. A duty officer at the police station said Shahid Mehmood, 27, son of Mehmoodul Hasan, was a resident of North Nazimabad but lived with his grandfather in Usmania Colony.
On Saturday when he stepped out of his home, two suspects on a motorcycle shot him and fled. The young man was rushed to the Abbasi Shaheed Hospital, where he was pronounced dead on arrival. The victim had suffered a fatal bullet wound in the chest.
Police, quoting the family, said he did not have any political affiliation, nor any dispute with anyone. An FIR (255/2011) was registered at the Rizvia police station on the complaint of the victim`s maternal uncle, Aziz Khan.
Meanwhile, an unidentified young man was killed by in Keamari on Saturday. Police said the victim`s body was found near Malik Hotel within the remit of the Docks police station. The victim had been hit in the head and his skull fractured, police said.
Police shifted the body to the Civil Hospital for medico-legal formalities. Later the body was taken to the Edhi morgue for want of identification.
An FIR (250/2011) was registered at the Docks police station on behalf of the state.
The original article can be found at Dawn News.


text:
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My 10 year old steals a lot. How can I fix it?
So he is 10, straight A's in school, no problems at school. His father and I are still together. He is the oldest of 3. He is very smart, like a fox. His dad isn't home a lot because of work so it's basically just me. In the last week he has stolen a DVD player and PlayStation from my employees. An iPod from his grandma and numerous toys from his baby brother who just had a birthday. (I mean really taking them) and now things from other kids too. Initially it started with the DVD player and PlayStation. We grounded him for a month. (This is something we've had problems with before) then during the grounding he has stolen quite a bit more stuff. He shows no remorse and his punishment doesn't seem to bother him in the least bit. I don't know what to do anymore. He's being grounded for 2 months now. He does chores and I'm having him write me an essay a day pertaining to his punishment. And still he takes stuff. Somebody please help me! I am honestly at my wits end. Military school? Scared straight program?In Topics: Discipline and behavior challenges
> 60 days ago
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real talk for real
Posted by B Dollar at 7:03 PM Links to this post
Child support, bankruptcy trail former NBA player Caffey, blames 'making it rain'
Purchase Cialis
Four years and tens of millions of dollars after his NBA career ended, Mobile native Jason Caffey is in bankruptcy court seeking protection from creditors, who include seven women with whom he has had eight children.
Caffey's child-support problems landed him in jail in Tuscaloosa earlier this year and drew an arrest warrant in Georgia.
"The only reason I filed bankruptcy was to get these arrest warrants off me," he said in an interview last week.
Posted by B Dollar at 4:53 PM Links to this post
This should not be read standing up....
Posted by Thumb Print at 4:04 PM Links to this post
Rick Ross talks to white people
Full Disclosure: I put in work for RS.com and other then the news feed on the right panel I try to keep things semi-separate between RS and HMS but this story was too funny to pass up
Check this excerpt from an Intern is transcribing a situation from when Austin Scaggs (easily one of my favorite writers right now) is interviewing Rick Ross
Hilarity. Check the article.
Posted by Thumb Print at 3:43 PM Links to this post
New Hi Fidel Interview
Check out Hi Fidel's interview with Minn. Twin's fanboy Ben Westhoff.
Some of the highlights include
-Talk about Company of Wolves
-Talk of future projects
-History behind Fidel's alter egos and how Fidel and Geti had a Sharks and Jets relationship back in the day.
-The realization that Fidel has no clue who Berk is.
Its all rather entertaining.
Posted by Thumb Print at 4:53 PM Links to this post
Tags: F5 Records, Hi Fidel
Def Jux to offer more then Def Jux downloads
Wehave touched on this previously but I forget. But check it out, Def Jux is going to start banking on other labels by allowing their fans to download non Def Jux artist music. From Rollingstone.com
Posted by Thumb Print at 11:59 AM Links to this post


text:
Golf legend Billy Casper gives graduation keynote at Golf Academy of America in San Diego
Aug 27, 2013
Highlighted by a keynote address in San Diego by golf legend Billy Casper, 141 students from Golf Academy of America campuses in Dallas, Myrtle Beach, Orlando, Phoenix and San Diego received an associate degree in Golf Complex Operations and Management during separate graduation ceremonies on Aug. 16.
"These students put in a lot of hard work and all of them are now well prepared to step into golf career opportunities anywhere in the world," said Jim Hart, president of Golf Academy of America. "Our students are some of the best-trained and most knowledgeable golf career professionals in the industry."
Winner of 51 PGA Tour titles including three major championships, Casper founded Billy Casper Golf, which owns or operates more than 140 golf facilities in 28 states.


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Chicken Breasts in Champagne Sauce
Total Time
Prep 10 mins
Cook 30 mins
This would make a nice romantic dinner and is definately suitable for company. Recipe from San Francisco's Celebrity Chefs.
Ingredients Nutrition
- 1⁄4 cup flour
- salt
- pepper
- 1⁄2 cup butter
- 4 boneless skinless chicken breasts
- 1 lb mushroom, sliced
- 1 1⁄2 cups heavy cream
- 1⁄4-3⁄8 cup champagne
- 1 -2 tablespoon cornstarch (optional)
- Mix 1/4 cup flour, 1 teaspoons salt, 1/2 tsp pepper; roll chicken in it.
- Heat 1/2 cup butter in large skillet. Lightly brown chicken breasts.
- Add sliced mushrooms. Cover and cook 10 minutes. Transfer chicken and mushrooms to a bowl/plate then clean pan of all butter.
- Return chicken and mushrooms to pan and add cream and simmer over low heat 10 minutes.
- Transfer breasts to warm serving dish.
- SAUCE: Add to liquid in skillet- 1/4 cup champagne. Bring to rapid boil and cook until sauce is reduced to a creamy consistency.
- If you want sauce to thicken, add 1-2 tablespooons cornstarch that has been mixed with a little of the sauce.
- Serve on heated plates.
Most Helpful
This was so delicious. Served with Saffron rice & green beans. I was so anxious to get it in my mouth that I forgot to take pictures but it was beautiful. I also did not add the cornstarch.
Very lovely dish. I halved the recipe for two of us. I didn't have to add the cornstarch at all. It was perfect as it was. Made for ZWT5.
This was really good! It reminded us a lot of a Chicken Imperial recipe we make often but it calls for Sherry instead of Champagne. Now we have 2 awesome recipes to choose from with uniquely different tastes. The cooking times were spot on and I only needed one TBSP of corn starch to thicken the sauce to our liking. Thanks so much for sharing cookiedog! Made for ZWT 2009.


text:
Mullinix Breakaway Hinged Takeout Food ContainersCarry-out Containers
6" x 6" x 3" - 21.9 oz Capacity - 1 Compartment - Polypropylene - Black/Clear - 171/ Carton - View Complete Details
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Mullinix Breakaway Hinged Takeout Food Containers - Break free from boring food containers with hinged breakaway containers—lids tear away easily for a quality dining experience and reseal easily for leftovers. Clear, anti-fog lids make them an excellent choice for displaying food as well as storing it. Containers are designed with easy-handling in mind, with dual easy-open tabs and secure, quick-close locking lids. Versatile containers are microwaveable. Convenient stackable design helps conserve storage space.
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Supreme Court of New York, First Department
May 30, 2013
In re Beautiful B., and Another, Children Under the Age of Eighteen Years, etc., and Damion R., Respondent-Appellant, Administration for Children's Services, Petitioner-Respondent.
Kenneth M. Tuccillo, Hastings on Hudson, for appellant
Michael A. Cardozo, Corporation Counsel, New York (Pamela Seider Dolgow of counsel), for respondent.
Karen Freedman, Lawyers for Children, Inc., New York (Shirim Nothenberg of counsel), attorney for the children.
Sweeny, J.P., Saxe, Moskowitz, Gische, Clark, JJ.
Order, Family Court, New York County (Jody Adams, J.), entered on or about February 22, 2012, which, after a fact-finding determination that respondent father neglected his children, placed them in the custody of petitioner Administration for Children's Services ("ACS") until the next permanency hearing, unanimously affirmed, without costs.
It is undisputed that respondent violated an order of protection limiting the mother's contact with one of the children to supervised visitation by cohabiting with her and the child. The order was clear on its face, despite the caseworker's admitted misunderstanding as to whether cohabitation was permitted. Although ACS was required to supervise the child's placement with respondent, he was responsible for ensuring the safety of his child (see In re Ashante M, 19 A.D.3d 249 [1st Dept 2005]; Matter of Stephanie S [Ruben S], 70 A.D.3d 519, 520 [1st Dept 2010]). Accordingly, the court properly removed the children from the father's care pending the next permanency hearing based on the violation of the order of protection and to permit ACS to evaluate his residence.
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- Product Description
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Cloning in future story content for SWTOR
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Wikia is a free-to-use site that makes money from advertising. We have a modified experience for viewers using ad blockers
Wikia is not accessible if you've made further modifications. Remove the custom ad blocker rule(s) and the page will load as expected.
I would be excited to see how the concept of cloning was first formulated within the Star Wars Universe and its history before the Clone Wars. Anyone want SWTOR to explore the the early history of cloning? Feel free to comment on how this could be done.


text:
I wanted a fancy Chinese meal cheap so I created it!
Cook ramen noodles (including the spice packets) in 3 cups water.
Add cabbage, soy sauce/oyster sauce and chicken.
cook 4 minutes.
Stir in a few shrimp to heat (if already precooked) and serve with hot tea!
Couldn't be simpler, but oh so good!
|1 Minutes Preparation Time
5 Minutes Cooking Time
Source: My cupboard!
By AHA! from Sterling,Pa
Thanks for this quick & easy recipe.
Add your voice! Click below to comment. ThriftyFun is powered by your wisdom!


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Sheet Set - Various Colours
Girl doll clothes > Little Baby Born > Bed Time
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Available in lavender, green or pink.
Dolly might also like...
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text:
Italian translation of fir
Example Sentences Including 'fir'
He had some weekend invitations, but the fir st of these was not until late September.In Love and War
Claire's house was on the fringe of it, but the Warwicks ' lay hidden from the road by graceful branches of fir and cedar.Death Speaks Softly
Then they were landing, The massive fir forest skimmed past his window.Cover Story
Trends of 'fir'
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Translation of fir from the Collins English to Italian Dictionary
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Nothing uplifts your attitude and infuses some fresh energy into your day-to-day like an awesome new haircut. Get the kind of style that will have you exuding confidence for weeks to come:
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text:
THIS IS A DIRECTORY PAGE. Britannica does not currently have an article on this topic.
Learn about this topic in these articles:
physiography of Jordan
...The desert's northern part is composed of volcanic lava and basalt, and its southern part of outcrops of sandstone and granite. The landscape is much eroded, primarily by wind. The uplands east of the Jordan River, an escarpment overlooking the rift valley, have an average elevation of 2,000–3,000 feet (600–900 metres) and rise to about 5,755 feet (1,754 metres) at Mount...


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Snapfinger.com calls itself the biggest online restaurant-ordering Web site, providing online ordering for 6,000 fast-casual eateries across 18 brands, including Carrabba's Italian Grill and Outback Steakhouse. The site handles ordering and payment for a subscription fee and a percentage of each order and has attracted interest from a number of investors.
Full Story:American City Business Journals


text:
Pension funds still waiting on Madoff investor cash
Two pension schemes that dumped an asset manager over its allocations to Bernie Madoff are struggling to retrieve money and reinvest elsewhere, despite having new managers waiting in the wings.
The Dorset and Clwyd pension schemes have not yet received back all the money they invested in a fund of hedge funds run by Pioneer Investments, terminated due to its usage of one of the fraudulent Madoff funds.
The Pioneer fund had also allocated to other hedge funds that had not been involved with the Madoff fraud, but these were hit by illiquid markets during the financial crisis, which has made it harder to close positions and return all of the money.
Despite suffering the same liquidity problems as Pioneer, several other funds of hedge funds were retained by the two pension scheme, because they had not invested in Madoff's funds.
A spokesman for the Clwyd pension scheme, said it was still waiting to fund new hedge fund mandates, awarded to Liongate and State Street subsidiary SSARIS in September, as it had not yet received back all of the money allocated to Pioneer.
Clwyd's investment consultant Aon in June presented an external review on the Pioneer allocation that invested in one of Madoff's funds. The mandate was terminated as a result.
The Dorset scheme is in a similar position, according to minutes from its investment committee meeting in September. At the end of June it had only received around 65%, or £13m, of the £22m it had held with Pioneer, despite having terminated the company's mandate in March. The redeemed capital has been reinvested with existing fund of hedge fund manager IAM.
Under more normal conditions, pension scheme assets are transitioned soon after a new manager is chosen, or moved to a passive or cash fund in the interim period.
Pioneer said it had been informed that some of its investments within certain fund of hedge fund portfolios had become illiquid. Therefore, and in order to protect the interests of all shareholders and to maintain the integrity of the portfolios, these illiquid assets were placed into newly created delayed redemption funds.
Shareholders who redeemed in December 2008 received about 75% in cash and 25% in DR shares. The DR fund made a first cash distribution of 14% in early July and a second distribution of 10% of remaining capital was made at the end of September.
Pioneer said in the year to the end of October its fund of hedge fund had performed well and it expected to make ongoing distributions from the DR funds as and when liquidity returned from underlying managers.
--write to firstname.lastname@example.com


text:
Star Circles
Abstract circle star vector graphics on radiant dotted background. Cool wallpaper and backdrop in vector format with shiny stars. Download design elements and graphic composition stock footage as Illustrator AI and EPS files. With the right stock graphics, the stars are the design limit.
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text:
Church Going Kids
35.22889, -80.83966)
Cause Areas
WhenSun Oct 23, 2016 10:45 AM - Sun Dec 31, 2017 05:00 PM
Where345 N College StCharlotte, NC 28202
I am looking for volunteers to help with tranportation for kids to and from church. What ever Sunday you are Available will be fine you dont have to do it every Sunday only if you want to. I might take the kids somewhere after Church depending on budget and availability of volunteers. Church services start at 11:30 and lets out around 1:00 o'clock pm so if nothing is planned it will be a short day.
- Youth Services
Good Match For
Requirements & Commitment
- Driver's License Needed
- Background Check
- Must be at least 18
- Flexible


text: I've looked for someone else trying to this, but I can't find anything. Is there anyway to use bluetooth to connect my LG Dare to my iPod touch and send pictures? I'd rather be able to do it wirelessly than manually transfer them on a pc. Is there any AppStore/Cydia app that can do this? Thanks.


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Ministry of Sound Pool Party
at Le Royal Méridien Abu Dhabi
Le Royal Meridien Abu Dhabi invites you to an all day Ministry of Sound Pool Party, a sun-kissed pool jam of rockin' beats and bass-lines featuring 5 all star entertainers
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Tomato Chili Sauce
Total Time
Prep 15 mins
Cook 1 min
This is fairly simple, quick and inexpensive.
Ingredients Nutrition
- 2 medium ripe tomatoes
- 2 scallions, thinly sliced
- 2 tablespoons peanut oil
- 1 tablespoon fresh coriander, chopped
- 2 teaspoons red wine vinegar
- 2 teaspoons minced jalapeno peppers
- salt
- Blanch tomatoes in a large saucepan of boiling water for about 15 seconds.
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- Transfer to mixing bowl and whisk briefly.
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April 5, 2013
UNITED STATES OF AMERICA EX REL. TREMAYNE CORA #B79855, PETITIONER,v.MICHAEL LEMKE,*FN1 WARDEN, RESPONDENT.
(USCA No. 13-1383)
After having resolved this 28 U.S.C. §2254 action adversely to habeas petitioner Tremayne Cora ("Cora"), this Court issued a February 14, 2013 memorandum order ("Order") that (1) provided a summary explanation of the reasons for rejecting each of the four grounds on which Cora had sought to rely and (2) concluded by denying the issuance of a certificate of appealability ("COA"), a subject on which a ruling is called for by Rule 11(a) of the Rules Governing Section 2254 Cases in the United States District Courts. On the same February 14 date that this Court issued the Order, the Court of Appeals also denied a COA.
On March 19 Cora filed in the Court of Appeals a motion for leave to proceed on appeal in forma pauperis. But 2because that motion should have been filed in this District Court in the first instance, our Court of Appeals caused the motion to be transferred here .
As chance would have it, that transfer came hard on the heels of a March 13 opinion by our Court of Appeals in Thomas v. Zatecky, No. 13-1136, 2013 WL 952434 (7th Cir. Mar. 13) that had provided a thoughtful--and highly useful--analysis of the relative standards applicable as between granting or denying a COA and granting or denying a motion for in forma pauperis treatment. As the penultimate paragraph in Thomas, id. at *2 explained:
We therefore deny Thomas's request that we permit him, and all other applicants for collateral relief, to file appeals without regard to the fees required by §1913 and the resolutions of the Judicial Conference. Thomas is, however, entitled to contest in this court the propriety of the district judge's declaration that the appeal has been taken in bad faith--a phrase that despite lay usage has been understood to mean objective frivolousness. See Lee v. Clinton, 209 F.3d 1025 (7th Cir. 2000). A frivolous appeal never meets the standard for a certificate of appealability. But an appeal can be non-frivolous and still flunk the standard established by §2253(c)(2), which conditions a certificate of appealability on "a substantial showing of the denial of a constitutional right."
Hence it is clear that Cora's failure to meet the more demanding COA standard does not control the resolution of the current motion. But this Court has long been citing Lee v. Clinton for the proposition that in forma pauperis status requires not only a showing of indigency but also the appellant's advancement of a legally non-frivolous basis (in objective terms) for the potential reversal of a district court ruling.
On that score this Court holds that the analysis set out in the Order establishes that Cora has also flunked the less demanding Lee v. Clinton standard. Accordingly Cora's motion for leave to appeal in forma pauperis is denied--and as the Court of Appeals' March 27 order has already reminded Cora, he must refile the motion in that court pursuant to Fed. R. App. 24.
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After all, Nathaniel Dennis was an American, too, a Maryland native like his siblings.
"Everyone knew he was an American citizen, he obviously needed help … he was in a coma, he obviously needed to see a doctor immediately, and for that to not have happened, or someone to help make that happen, is ridiculous, and then they send for two American citizens that do have Ebola. It doesn't make any sense," Natasha Dennis says.
However, she isn't resentful of the treatment that the two Americans with Ebola were afforded.
"I'm so happy that they were able to come here and get that health care. We're absolutely praying for their families, hoping for recovery, hoping for a serum that works," she says. "So we're hoping and praying something comes from this. That it wasn't in vain that they were brought to the States … and we can help Liberia and we can help everyone from this disease."
But still, there are questions that she needs answered.
"I can understand Ghana closing their borders, as difficult, as hard as it was to accept. But why couldn't we send him materials? Why couldn't we send equipment? I don't understand why nothing was able to get done. After we are able to give him a proper burial, [we will work on] changing policies both with the State Department and embassy. You shouldn't tell American citizens there's nothing you can do. That is absolutely your job to help us and do something," she says.
In an email, State Department spokeswoman Pooja Jhunjhunwala told The Root, "We express our deepest condolences to Nathaniel Dennis' family and friends after his recent death in Liberia," adding that "the U.S. Embassy in Liberia provided all appropriate consular assistance." However, she refrained from giving more details about the case, citing respect for the Dennis family.
The family plans to start a foundation in Nathaniel Dennis' name, in the hope that this never happens again, and is focused on bringing his body home. It has started a GoFundMe campaign to help cover the cost. Then, hopefully, an autopsy will be done to find out exactly what went wrong.
"We still don't know what happened to him, why he was in that state. He definitely needed to see a neurologist, [but] time wasn't on our side, the timing of the Ebola hysteria, all these things," Natasha Dennis adds, explaining that her brother, who had a shunt in his brain, had been born premature and had been a patient of the neurosurgeon Dr. Ben Carson.
"I feel really strongly that, again, this could have been prevented, and I think wherever the ball fell short, we need to change policies and how things are done and how fast people get back in touch with one another. He did fight for a week, and in that week we could've done so much more than what was done," Natasha Dennis says.
Still, even in the face of tragedy, she finds hope in her brother's faith.
"I think what makes me the happiest, in my family, he has probably, next to my mother, the closest relationship to God, and that kind of gives me comfort. He was the type of person to wake up and walk to church by himself, and you don't see that in a lot of young 20-year-olds," she says, laughing as she describes her brother, whom she called the "No. 1 [Baltimore] Ravens fan." "He was just such a positive person, and I hope some of that rubs off on me, because I don't know where he got this kind of strength to be such a loving person, but he was."
Breanna Edwards is a newswriter at The Root. Follow her on Twitter.


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August 14, 2008
JAMES WILLIAMSON, PETITIONER,v.ROBERT HOREL, WARDEN, RESPONDENT.
Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. On February 28, 2008, the undersigned ordered respondent to file a response to the petition. On April 30, 2008, respondent filed a motion to dismiss on the grounds that petitioner's petition is successive under 28 U.S.C. § 2244(b) and was filed beyond the one-year statute of limitations. On May 30, 2008, petitioner filed an opposition to the motion. On June 24, 2008, respondent filed a reply.
On June 27, 1986, a Sacramento County Superior Court jury found petitioner guilty on fifty criminal counts, including burglary, residential robbery, assault with intent to commit rape, penetration with a foreign object, sodomy, false imprisonment, rape, receiving stolen property, assault with a deadly weapon, robbery, and kidnapping. (Resp't's Lodged Docs. 1-2 & 18.) A number of sentencing enhancement allegations were found to be true. (Id., Docs. 1-2.) The trial court sentenced petitioner to four consecutive life terms, two concurrent life terms and a consecutive indeterminate term of 63 years in state prison. (Id., Docs. 1-2 & 18.)
On January 6, 1989, the California Court of Appeal for the Third Appellate District reversed three false imprisonment convictions, ten special findings, and the imposition of the sentence with respect to five of the criminal counts. The court stayed the sentences imposed on an additional nine counts. The Court of Appeal's decision resulted in the reduction of petitioner's determinate state prison term by ten years and stayed the concurrent indeterminate life sentences. The Court of Appeal affirmed the judgment in all other respects. (Resp't's Lodged Docs. 2 & 18.) On April 19, 1989, the California Supreme Court denied petitioner's petition for review. (Id., Doc. 4.)
Petitioner filed seven collateral challenges to his conviction in state court. He filed his first petition with the California Supreme Court on or about August 15, 1989. He filed six subsequent petitions at various levels of the state court system until the California Supreme Court denied his seventh and final petition on February 7, 2007. (Resp't's Lodged Docs. 5-16.)
On or about April 25, 1991, petitioner filed a federal habeas application in this court challenging the same judgment of conviction he now seeks to challenge in the instant petition. (Resp't's Lodged Doc. 17; Case No. CIV S-91-0501 GEB JFM P.) On December 21, 1994, the assigned district judge in that case adopted the magistrate judge's findings and recommendations and dismissed the 1994 federal petition on the merits. (Resp't's Lodged Docs. 18-19; Case No. CIV S-91-0501 GEB JFM P.) Petitioner appealed from that decision to the United States Court of Appeals for the Ninth Circuit. (Resp't's Lodged Doc. 20.) The Ninth Circuit affirmed the judgment on November 1, 1995. (Resp't's Lodged Doc. 21.)
On or about July 7, 2007, petitioner filed the instant petition in the United States District Court for the Northern District of California. On September 11, 2007, that court transferred the case to this court where venue is proper.
I. Respondent's Motion
Respondent argues that the pending petition is successive and untimely. (Resp't's Mot. to Dismiss at 1.) First, respondent argues that petitioner previously filed a federal habeas petition in this court, challenging the same state court conviction and sentence he now seeks to challenge once again. The respondent notes that this court denied that earlier petition on the merits. Respondent contends that, because petitioner raised his sole claim regarding jury selection process in his prior federal petition, his current petition must be dismissed pursuant to 28 U.S.C. § 2244(b). Respondent also notes that petitioner has not obtained an order from the Ninth Circuit authorizing the district court to consider this second and successive petition. Accordingly, respondent concludes that the court should dismiss the instant petition without prejudice to re-filing if petitioner obtains the necessary order from the Ninth Circuit. (Id. at 2.)
Respondent also argues that the court should dismiss the instant petition because it is untimely. (Resp't's Mot. to Dismiss at 4-5.) Respondent argues that petitioner's conviction became final on July 18, 1989, before the enactment of Antiterrorism and Effective Death Penalty Act of 1996 ("AEDPA"). For purposes of the AEDPA statute of limitations, respondent contends that petitioner's federal petition was due April 25, 1997, one year after the effective date of AEDPA, plus any time for tolling. (Id. at 5.)
Respondent acknowledges that the proper filing of a state post-conviction application with respect to the pertinent judgment or claim tolls the one-year limitations period. (Resp't's Mot. to Dismiss at 4-5.) However, respondent argues that petitioner did not file any state post-conviction collateral actions within the one-year limitations period for the filing of a federal petition. Respondent contends that the five state habeas petitions petitioner filed before commencement of the limitations period and the two state habeas petitions that he filed after the limitations period expired do not serve to toll the statute of limitations. Respondent asserts that petitioner's previously filed federal habeas petition also fails to toll the applicable federal statute of limitations. Accordingly, respondent concludes that the instant petition is untimely by more than ten years. (Id. at 5-6.)
II. Petitioner's Opposition
In opposition to respondent's motion to dismiss, petitioner does not dispute that he previously filed a habeas petition in this court. (Pet'r's Opp'n to Resp't's Mot. to Dismiss at 2.) However, citing the decision in Johnson v. California, 545 U.S. 162 (2005), petitioner argues that since the denial of that earlier petition the United State Supreme Court has recognized a new retroactive rule regarding jury selection discrimination claims. Petitioner contends that he properly filed the instant petition within the one-year statute of limitations period that began to run after the United States Supreme Court's decision in Johnson.
Petitioner also argues that he filed the now pending petition under exceptional circumstances. Specifically, petitioner contends that he suffers from glaucoma which adversely affects his vision and requires him to seek legal aid from others. Petitioner also contends that he has had restricted access to the prison law library. (Id. at 3.) Petitioner concludes that the court should deny respondent's motion to dismiss or, in the alternative, stay the action pending his motion to the Ninth Circuit for an order authorizing this court to consider the instant petition.
III. Respondent's Reply
In reply, respondent argues that petitioner is not entitled to a delayed commencement of the running of the federal statute of limitations. Specifically, respondent contends that the decision in Johnson did not announce a new rule "but instead was an application and explanation of the right recognized two decades ago. . . ." (Resp't's Reply at 3.) In addition, respondent argues that petitioner has not met his burden of establishing his entitlement to equitable tolling based on his glaucoma condition. (Resp't's Reply at 3.) In this regard, respondent contends that petitioner has failed to provide any evidence that he actually suffers from glaucoma. Moreover, respondent notes that petitioner very capably filed several state habeas actions, thus undermining his claim that the condition made it impossible for him to file a timely federal habeas petition. (Id. at 4.)
The court's own records reveal that petitioner previously filed a petition for writ of habeas corpus attacking the same state conviction and sentence at issue here. See Case No. CIV S-91-0501 GEB JFM P.*fn1 In that case, petitioner claimed, inter alia, that the prosecutor improperly exercised peremptory challenges to exclude African Americans from his jury in violation of the Fourteenth Amendment. As noted above, the court denied petitioner's federal application on the merits and that decision was affirmed by the Ninth Circuit Court of Appeals.
Similarly, in this case, petitioner's sole claim is that "the jury selection process discriminated against [him]." (Pet. at 6.) Petitioner explains that the Deputy District Attorney prosecuting the case excluded the few prospective black jurors as well as the other prospective minority jurors from the jury. Petitioner notes that his trial counsel objected, but the court denied the Wheeler/Baston motion. Petitioner acknowledges that he previously sought post-conviction relief on this same claim but argues that in rejecting his claim neither the state nor federal courts applied the proper standard later set out in the United States Supreme Court's ruling in Johnson. (Id. at 6-6a.)
"A claim presented in a second or successive habeas corpus application under section 2254 that was presented in a prior application shall be dismissed." 28 U.S.C. § 2244(b)(1). This is the case unless,
(A) the applicant shows that 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 factfinder would have found the applicant guilty of the underlying offense.
28 U.S.C. § 2244(b)(2). Before a second or successive petition permitted by statute can be filed in the district court, "the applicant shall move in the appropriate court of appeals for an order authorizing the district court to consider the application." 28 U.S.C. § 2244(b)(3)(A).
Here, petitioner in this case has not obtained an order from the Ninth Circuit Court of Appeals authorizing the district court to consider his second or successive petition. Petitioner cannot proceed with his successive petition in this court unless and until he obtains such an order.*fn2 Accordingly, petitioner's unauthorized second or successive petition should be dismissed without prejudice to its refiling with a copy of an order from the Ninth Circuit authorizing him to file a second or successive petition.*fn3
For the reasons discussed above, IT IS HEREBY RECOMMENDED that:
1. Respondent's April 30, 2008 motion to dismiss the petition as second or successive (Doc. No. 10) be granted;
2. Petitioner's May 30, 2008 motion to stay the matter (Doc. No. 14) be denied; and
3. This action be dismissed without prejudice to its refiling with a copy of an order from the Ninth Circuit authorizing petitioner to file a second or successive petition.
These findings and recommendations are submitted to the United States District Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty days after being served with these findings and recommendations, any party may file written objections with the court and serve a copy on all parties. Such a document should be captioned "Objections to Magistrate Judge's Findings and Recommendations." Any reply to the objections shall be served and filed within ten days after service of the objections. The parties are advised that failure to file objections within the specified time may waive the right to appeal the District Court's order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).
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