Flowers
Flowers v. Foulk
Opinion
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 9 Case No. 14-cv-00589 CW JOSEPH J. FLOWERS,
ORDER DENYING CERTIFICATE
Petitioner, OF APPEALABILITY v. (Re: Dkt. Nos. 144, 149)
FRED FOULK,
Respondent.
15 On March 18, 2022, the Ninth Circuit remanded this action to the Court for the limited purpose of granting or denying a certificate of appealability (COA) with respect to its order of September 16, 2021. See Docket No. 149. In that order, the Court denied Petitioner’s motion to vacate the judgment under Rules 60(b)(1), (b)(2), (b)(3), and (b)(6) and “reopen” his habeas corpus petition on the basis that “Respondent committed fraud on the Court and Petitioner by leading the Court and Petitioner to believe, incorrectly, that Respondent ‘had provided a particular set of transcripts’ for proceedings that took place on December 9, 2009.’” Order at 2, Docket No. 144. Petitioner argued that this Court’s ruling that Claim 4 of his federal habeas corpus petition…