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

UNITED STATES COURT OF APPEALS DEC 27 2007
A CATHY A. CA`|`l`ERSON cLER»<
FOR THE NINTH CIRCUIT 0-S· 000PT 0P APPEALS
MARK L. MITCHAM, N0. 07-74197
Petitioner, C U 0 a -/0**/ L! · /”é’><~f4’U
v.
· ORDER
· TERRY L. STEWART, Director,
Respondent.
Before: GOODWIN, REINHARDT and W. FLETCHER, Circuit Judges.
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 A
(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.
Case 2:OO—cv-01814-SRB Document 46 Filed O1/O3/2008 Page 1 of 2

V
07-74197 T
No petition for rehearing or motion for reconsideration shall be filed or
A entertained in this case. See 28 U.S.C. § 2244(b)(3)(E).
V ATE-QUE COPY
CATHY A. CATTERSON
CLERK OF COURT
ATTEST
c TZUZN 7tssi _ C as
r, · ' Clerk
MOATT 2
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