Robbie Riva v. J G Janda
Filing
5
OPINION AND ORDER ON PETITION FOR WRIT OF HABEAS CORPUS by Judge Virginia A. Phillips. On April 15, 2005, Petitioner filed a petition for writ of habeas corpus challenging his conviction in this court in Riva v. Woodford, Case No. CV 05-2795-VAP-JTL (Riva I). On December 1, 2005, judgment was entered denying the petition on the merits with prejudice. On March 25, 2009,the Ninth Circuit issued its mandate affirming the judgment of the district court. On May 29, 2013, Petitioner filed the instan t Petition for Writ of Habeas Corpus by a Person in State Custody ("Petition") pursuant to 28 U.S.C. § 2254 in which he challenges the same conviction. (Petition at 2.) IT IS HEREBY ORDERED that judgment be entered summarily dismissing the Petition and action for lack of subject matter jurisdiction. (See Order for details.) (mp)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
CENTRAL DISTRICT OF CALIFORNIA
10
11
12
13
ROBBIE RIVA,
Petitioner,
v.
14
J. G. JANDA (Warden),
15
Respondent.
16
17
)
)
)
)
)
)
)
)
)
)
)
)
NO. CV 13-3813-VAP (AGR)
OPINION AND ORDER ON
PETITION FOR WRIT OF
HABEAS CORPUS
18
19
I.
20
PROCEDURAL BACKGROUND
21
On January 16, 2002, a Los Angeles County jury convicted Petitioner of
22
attempted voluntary manslaughter, assault with a deadly weapon, and
23
discharging a firearm at an occupied vehicle. People v. Riva, 112 Cal. App. 4th
24
981, 986 (2003); (Petition at 2). On February 27, 2002, Petitioner was sentenced
25
to 30 years to life. (Id.)
26
27
28
On April 15, 2005, Petitioner filed a petition for writ of habeas corpus
challenging his conviction in this court in Riva v. Woodford, Case No. CV 05-
1
2795-VAP-JTL (“Riva I”).1 On December 1, 2005, judgment was entered denying
2
the petition on the merits with prejudice. Id., Dkt. No. 14. On March 25, 2009,
3
the Ninth Circuit issued its mandate affirming the judgment of the district court.
4
(Dkt. No. 24.)
5
On May 29, 2013, Petitioner filed the instant Petition for Writ of Habeas
6
Corpus by a Person in State Custody (“Petition”) pursuant to 28 U.S.C. § 2254 in
7
which he challenges the same conviction. (Petition at 2.)
8
II.
9
DISCUSSION
10
The Petition was filed after enactment of the Antiterrorism and Effective
11
Death Penalty Act of 1996 (“AEDPA”). Therefore, the court applies the AEDPA in
12
reviewing the Petition. Lindh v. Murphy, 521 U.S. 320, 336, 117 S. Ct. 2059, 138
13
L. Ed. 2d 481 (1997).
14
The AEDPA provides, in pertinent part: “Before a second or successive
15
application permitted by this section is filed in the district court, the applicant shall
16
move in the appropriate court of appeals for an order authorizing the district court
17
to consider the application.” 28 U.S.C. § 2244(b)(3)(A). A district court does not
18
have jurisdiction to consider a “second or successive” petition absent
19
authorization from the Ninth Circuit. Burton v. Stewart, 549 U.S. 147, 152, 127 S.
20
Ct. 793, 166 L. Ed. 2d 628 (2007); Cooper v. Calderon, 274 F.3d 1270, 1274 (9th
21
Cir. 2001) (“When the AEDPA is in play, the district court may not, in the absence
22
of proper authorization from the court of appeals, consider a second or
23
successive habeas application.”) (citation and quotation marks omitted).
24
Here, the Petition is a second or successive petition that challenges the
25
same conviction and sentence imposed by the same judgment of the state court
26
as in Riva I.
27
28
1
Pursuant to Fed. R. Evid. 201, the court takes judicial notice of the
records in the prior action.
2
1
It plainly appears from the face of the Petition that Petitioner has not
2
received authorization from the Ninth Circuit to file a second or successive
3
petition. This court must, therefore, dismiss the Petition as a successive petition
4
for which it lacks jurisdiction under 28 U.S.C. § 2244(b)(3). See Burton, 549 U.S.
5
at 152.
6
Rule 4 of the Rules Governing Section 2254 Cases in the United States
7
Courts provides that “[i]f it plainly appears from the face of the petition and any
8
attached exhibits that the petitioner is not entitled to relief in the district court, the
9
judge must dismiss the petition and direct the clerk to notify the petitioner.” Here,
10
summary dismissal is warranted.
11
III.
12
ORDER
13
14
IT IS HEREBY ORDERED that judgment be entered summarily dismissing
the Petition and action for lack of subject matter jurisdiction.
15
16
17
DATED: June 19,
2013______________________
VIRGINIA A. PHILLIPS
United States District Judge
18
19
20
21
22
23
24
25
26
27
28
3
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?