Elbert Lee Vaught v. Paramo
Filing
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ORDER OF DISMISSAL by Judge David O. Carter. The Petition is denied and dismissed without prejudice. (sp)
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UNITED STATES DISTRICT COURT
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CENTRAL DISTRICT OF CALIFORNIA
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ELBERT LEE VAUGHT,
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Petitioner,
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v.
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WARDEN PARAMO,
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Respondent.
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______________________________)
NO. SA CV 14-43-DOC(E)
ORDER OF DISMISSAL
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Petitioner filed a “Petition for Writ of Habeas Corpus by a
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Person in State Custody” on January 13, 2014.
The Petition challenges
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the criminal judgment in Orange County Superior Court case No. 96-HFO-
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215 (Petition at 2).
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judgment in a prior habeas corpus petition filed in this Court.
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Vaught v. Gomez, SA CV 99-284-GLT(E).
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entered judgment in Vaught v. Gomez, SA CV 99-284-GLT(E), denying and
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dismissing the prior petition with prejudice.
Petitioner previously challenged this same
See
On May 28, 1999, this Court
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The Court must dismiss the present Petition in accordance with
28 U.S.C. section 2244(b) (as amended by the “Antiterrorism and
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Effective Death Penalty Act of 1996”).
Section 2244(b) requires that
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a petitioner seeking to file a “second or successive” habeas petition
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first obtain authorization from the court of appeals.
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Stewart, 549 U.S. 147, 157 (2007) (where petitioner did not receive
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authorization from Court of Appeal before filing second or successive
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petition, “the District Court was without jurisdiction to entertain
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[the petition]”); Barapind v. Reno, 225 F.3d 1100, 1111 (9th Cir.
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2000) (“the prior-appellate-review mechanism set forth in § 2244(b)
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requires the permission of the court of appeals before ‘a second or
See Burton v.
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successive habeas application under § 2254’ may be commenced”).
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petition need not be repetitive to be “second or successive,” within
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the meaning of 28 U.S.C. section 2244(b).
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Calderon, 151 F.3d 918, 920-21 (9th Cir.), cert. denied, 524 U.S. 965
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(1998); Calbert v. Marshall, 2008 WL 649798, at *2-4 (C.D. Cal. Mar.
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6, 2008).
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from the Ninth Circuit Court of Appeals.
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cannot entertain the present Petition.
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U.S. at 157.1
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See, e.g., Thompson v.
Petitioner evidently has not yet obtained authorization
Consequently, this Court
See Burton v. Stewart, 549
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A
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This Court rebuffed two previous attempts by Petitioner
to bring a “second or successive” habeas petition challenging the
judgment in Orange County case No. 96-HFO-215. See Vaught v.
Warden, SA CV 00-1262-DOC(E); Vaught v. Allison, SA CV 11-833DOC(E).
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For all of the foregoing reasons, the Petition is denied and
dismissed without prejudice.
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LET JUDGMENT BE ENTERED ACCORDINGLY.
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DATED:
January 15, 2014
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__________________________________
DAVID O. CARTER
UNITED STATES DISTRICT JUDGE
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PRESENTED this 14th day of
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January, 2014, by:
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/S/
CHARLES F. EICK
UNITED STATES MAGISTRATE JUDGE
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