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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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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CESAR PULIDO,

Case No. EDCV 17-1949-AG (LAL)

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Petitioner,
v.

ORDER DISMISSING SECOND OR
SUCCESSIVE HABEAS CORPUS
PETITION

RAYMOND MADDEN, Warden,
Respondent.

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Before the Court is Petitioner’s second attempt to challenge his 2011 state convictions

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and sentence. The Court denied his first petition on the merits in December 2016. (Pulido v.

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Montgomery, EDCV 15-2414-AG (LAL), December 27, 2016 Order Accepting Report and

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Recommendation and Judgment.) The Court denied a certificate of appealability at that time,

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and it does not appear Petitioner proceeded to the Ninth Circuit court of appeal in any manner.

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Absent authorization from the Ninth Circuit, Petitioner may not bring another habeas

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petition challenging his 2011 conviction and sentence. See 28 U.S.C. § 2244; see also Burton v.

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Stewart, 549 U.S. 147, 157 (2007) (holding district court lacks jurisdiction to consider the merits

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of a second or successive petition absent prior authorization from the circuit court).

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Petitioner claims he filed a motion with the Ninth Circuit requesting permission to file a

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second or successive petition. (Petition at 7.) However, Petitioner does not provide a case

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number or a copy of any order from the Ninth Circuit granting him permission to file this

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Petition. In addition, the Court checked the electronic records of the Ninth Circuit and could not

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locate any filings by Petitioner. Because Petitioner has not shown he received the Ninth

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Circuit’s permission to file this Petition, the Petition must be dismissed.

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IT IS SO ORDERED.

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DATED: October 30,2017

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______________________________________
HONORABLE ANDREW J. GUILFORD
United States District Judge

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Presented by:

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____________________________________
HONORABLE LOUISE A. LA MOTHE
United States Magistrate Judge

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