Gilbert H Robles Jr v. Biter

Filing 4

ORDER DISMISSING SECOND OR SUCCESSIVE HABEAS CORPUS PETITION AND DENYING CERTIFICATE OF APPEALABILITY by Judge Manuel L. Real; Absent an order from the Ninth Circuit Court of Appeals, the Court does not have jurisdiction to entertain a second or suc cessive petition. See 28 U.S.C. § 2244(3)(A). For that reason, the Petition is dismissed. Further, the Court finds that Petitioner has not made a substantial showing of the denial of a constitutional right or that it erred in its procedural ruling and, therefore, a certificate of appealability will not issue in this action. See order for further details. (jy)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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GILBERT H. ROBLES, JR.,
Petitioner,

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v.
BITER,

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Respondent.

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CASE NO. ED CV 14-816-R (PJW)
ORDER DISMISSING
SECOND OR SUCCESSIVE HABEAS CORPUS
PETITION AND DENYING CERTIFICATE
OF APPEALABILITY

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

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1996 state conviction for second degree murder.

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was denied as untimely.

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April 26, 2012 Order Accepting Report and Recommendation of United

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States Magistrate Judge.

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See McNabb v. Yates, 576 F.3d 1028, 1029-30 (9th Cir. 2009).

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second and third petitions were dismissed as second or successive.

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See Robles v. United States, ED CV 13-284-R (PJW), March 6, 2013 Order

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Dismissing Second or Successive Petition; Robles v. Biter, ED CV 14-

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662-R (PJW), April 14, 2014 Order Dismissing Second or Successive

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Petition.

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successive and is subject to dismissal on that ground.

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§ 2244; McNabb, 576 F.3d at 1029-30 (holding dismissal of habeas

His first petition

See Robles v. Court, ED CV 12-158-R (PJW),

This constituted a decision on the merits.
His

The instant petition, his fourth, is also second and/or
See 28 U.S.C.

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petition for untimeliness renders subsequent petitions second or

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successive).

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the Court does not have jurisdiction to entertain a second or

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successive petition.

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the Petition is dismissed.

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Absent an order from the Ninth Circuit Court of Appeals,

See 28 U.S.C. § 2244(3)(A).

For that reason,

Further, the Court finds that Petitioner has not made a

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substantial showing of the denial of a constitutional right or that it

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erred in its procedural ruling and, therefore, a certificate of

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appealability will not issue in this action.

See 28 U.S.C.

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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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IT IS SO ORDERED.

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DATED: April 30,

2014.

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MANUEL L. REAL
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:\Temp\notesD30550\Biter_Ord_dismiss_successive pet.wpd

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