Walker v. Eastern District Court

Filing 10

ORDER DENYING 9 Motion to Reduce Sentencing signed by Magistrate Judge Stanley A. Boone on 4/1/2014. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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EARL WALKER,

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Case No. 1:14-cv-00332-SAB-HC

Petitioner,

ORDER DENYING MOTION TO REDUCE
SENTENCING

v.
EASTERN DISTRICT COURT,
Respondent.

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Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus

18 pursuant to 28 U.S.C. § 2254. He has consented to the jurisdiction of the Magistrate Judge
19 pursuant to 28 U.S.C. § 636(c).
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On March 26, 2014, the Court dismissed the petition because Petitioner had previously

21 sought habeas relief with respect to this conviction in a previous petition. See Walker v. Roe,
22 Case No. 1:01-CV-06289-LJO-HC. Under 28 U.S.C. § 2244(b)(1), the instant petition is
23 considered successive. Therefore, on March 26, 2014, judgment was entered in this case, and the
24 case was terminated.
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On March 28, 2014, Petitioner filed the instant motion to reduce his sentence. He is

26 informed that the case is closed. The Court is without jurisdiction to consider his challenges to
27 his sentence and his conviction by plea bargain, since Petitioner has already sought and been
28 denied habeas relief on a previous occasion. See 28 U.S.C. § 2244(b)(1).

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Accordingly, IT IS HEREBY ORDERED that Petitioner’s motion to reduce his sentence

2 is DENIED.
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IT IS SO ORDERED.
Dated:

April 1, 2014
UNITED STATES MAGISTRATE JUDGE

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