Tony Powell v. Becky Clay

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS OCT 24 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

TONY EDWARD POWELL, No. 18-16890

Petitioner-Appellant, D.C. No. 4:14-cv-02553-RM

v.

MEMORANDUM*

BECKY CLAY,

Respondent-Appellee.

Appeal from the United States District Court for the District of Arizona Rosemary Márquez, District Judge, Presiding

Argued and Submitted August 15, 2024 San Francisco, California

Before: GRABER, CALLAHAN, and KOH, Circuit Judges. Dissent by Judge KOH. Appellant Tony Edward Powell appeals an order from the District of

Arizona dismissing his petition for writ of habeas corpus under 28 U.S.C. § 2241.

The district court determined that it lacked jurisdiction to consider Powell’s

petition and granted a certificate of appealability. We have jurisdiction under

U.S.C. § 1291 and affirm.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

I. Procedural Background

The procedural history in this case is important to resolving Powell’s appeal,

so…