Andre Underwood v. C. Pfeiffer

Filing 5

ORDER DISMISSING SECOND OR SUCCESSIVE HABEAS CORPUS PETITION AND DENYING CERTIFICATE OF APPEALABILITY by Judge S. James Otero. (See document for further details.) (sbou)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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ANDRE UNDERWOOD,
Petitioner,

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v.
C. PFEIFFER, WARDEN,

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Respondent.

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CASE NO. CV 18-825-SJO (PJW)
ORDER DISMISSING SECOND OR
SUCCESSIVE HABEAS CORPUS PETITION
AND DENYING CERTIFICATE OF
APPEALABILITY

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Before the Court is Petitioner’s second attempt to challenge his

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1982 state conviction and resultant sentence.

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denied on the merits in August 1994.

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RAP (B), August 31, 1994 Order; Petition at 7.)

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did not appeal that dismissal.

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His first petition was

(Underwood v. Prunty, CV 94-545Petitioner apparently

Absent authorization from the Ninth Circuit, Petitioner may not

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bring another habeas petition challenging his 1982 conviction and

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sentence.

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147, 157 (2007) (holding district court lacks jurisdiction to consider

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the merits of a second or successive petition absent prior authoriza-

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tion from the circuit court).

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dismissed.

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See 28 U.S.C. § 2244; see also Burton v. Stewart, 549 U.S.

For this reason, the Petition is

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The Court further finds that Petitioner has not made a

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substantial showing of the denial of a constitutional right or that

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the court erred in its procedural ruling and, therefore, a certificate

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of appealability will not issue in this action.

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§ 2253(c)(2); Fed. R. App. P. 22(b); Miller-El v. Cockrell, 537 U.S.

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322, 336 (2003); Slack v. McDaniel, 529 U.S. 473, 484 (2000).

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See 28 U.S.C.

Pursuant to Ninth Circuit Rule 22-3(a), the Court refers the

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Petition to the United States Court of Appeals for the Ninth Circuit

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for consideration as an application for leave to file a second or

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successive petition.

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a copy of this Order to the Clerk of the United States Court of

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Appeals for the Ninth Circuit.

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with a form recommended by the Ninth Circuit for filing an Application

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for Leave to File Second or Successive Petition Under 28 U.S.C. § 2254

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or Motion Under 28 U.S.C. § 2255 (Appeal Form 12).

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The Clerk shall send a copy of the Petition and

The Clerk shall provide Petitioner

IT IS SO ORDERED.

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DATED: February 13, 2018.
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S. JAMES OTERO
UNITED STATES DISTRICT JUDGE

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Presented by:

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______________________________
PATRICK J. WALSH
UNITED STATES MAGISTRATE JUDGE

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C:\Users\vcruz\AppData\Local\Temp\notesC7A056\Ord dismissing Pet.wpd

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