David Hinkson v. United States

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS NOV 15 2021

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

DAVID ROLAND HINKSON, No. 19-71881

Applicant,

v. ORDER

UNITED STATES OF AMERICA,

Respondent.

Application to File Second or Successive Petition Under 28 U.S.C. § 2255

Submitted November 15. 2021*

Before: OWENS, BADE, and LEE, Circuit Judges.

We have reviewed the application for authorization to file a second or

successive 28 U.S.C. § 2255 motion in the district court, as supplemented by

Docket Entry No. 23,1 the response,2 and the reply. The application, as

* The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). 1 The applicant’s motion to supplement his application to add a claim under United States v. Davis, 139 S. Ct. 2319 (2019), filed at Docket Entry No. 10, is denied. 2 Respondent’s motion for judicial notice is granted as to the district court’s August 28, 2012, memorandum decision and order in United States District…