Cesar Pulido v. Raymond Madden

Filing 4

ORDER DISMISSING SECOND OR SUCCESSIVE HABEAS CORPUS PETITION by Judge Andrew J. Guilford re Petition for Writ of Habeas Corpus (2254), 1 . (dfi).

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 CENTRAL DISTRICT OF CALIFORNIA 8 9 10 CESAR PULIDO, Case No. EDCV 17-1949-AG (LAL) 11 12 13 14 Petitioner, v. ORDER DISMISSING SECOND OR SUCCESSIVE HABEAS CORPUS PETITION RAYMOND MADDEN, Warden, Respondent. 15 16 17 Before the Court is Petitioner’s second attempt to challenge his 2011 state convictions 18 and sentence. The Court denied his first petition on the merits in December 2016. (Pulido v. 19 Montgomery, EDCV 15-2414-AG (LAL), December 27, 2016 Order Accepting Report and 20 Recommendation and Judgment.) The Court denied a certificate of appealability at that time, 21 and it does not appear Petitioner proceeded to the Ninth Circuit court of appeal in any manner. 22 Absent authorization from the Ninth Circuit, Petitioner may not bring another habeas 23 petition challenging his 2011 conviction and sentence. See 28 U.S.C. § 2244; see also Burton v. 24 Stewart, 549 U.S. 147, 157 (2007) (holding district court lacks jurisdiction to consider the merits 25 of a second or successive petition absent prior authorization from the circuit court). 26 Petitioner claims he filed a motion with the Ninth Circuit requesting permission to file a 27 second or successive petition. (Petition at 7.) However, Petitioner does not provide a case 28 number or a copy of any order from the Ninth Circuit granting him permission to file this 1 Petition. In addition, the Court checked the electronic records of the Ninth Circuit and could not 2 locate any filings by Petitioner. Because Petitioner has not shown he received the Ninth 3 Circuit’s permission to file this Petition, the Petition must be dismissed. 4 IT IS SO ORDERED. 5 6 DATED: October 30,2017 7 ______________________________________ HONORABLE ANDREW J. GUILFORD United States District Judge 8 9 10 Presented by: 11 12 13 ____________________________________ HONORABLE LOUISE A. LA MOTHE United States Magistrate Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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