Tucker v. Paramo

Filing 22

ORDER DENYING 21 Motion for Reconsideration of the Court's Dismissal of his Petition for Writ of Habeas Corpus, signed by District Judge Anthony W. Ishii on 05/19/2016. (Martin-Gill, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 GERALD L. TUCKER, 11 Case No. 1:15-cv-01164-AWI-SAB-HC Petitioner, 12 ORDER DENYING MOTION FOR RECONSIDERATION v. 13 (ECF No. 21) DANIEL PARAMO, 14 Respondent. 15 16 Petitioner is a state prisoner proceeding pro se whose petition for writ of habeas corpus 17 18 pursuant to 28 U.S.C. § 2254 was dismissed on February 2, 2016. (ECF No. 19). This Court 19 previously denied petitions for writ of habeas corpus arising from both the 1998 conviction for 20 failure to register and the 2002 conviction for murder, and Petitioner has failed to obtain prior 21 leave from the Ninth Circuit to file a successive petition. Thus, applicable law required the Court 22 to dismiss the petition for lack of jurisdiction. See 28 U.S.C. § 2244(b). Petitioner has now made 1 23 a submission to the Court, which the Court construes as a motion for reconsideration. See 24 Bernhardt v. Los Angeles County, 339 F.2d 920, 925 (9th Cir. 2003) (courts have a duty to 25 construe pro se pleadings and motions liberally). 26 27 28 1 Petitioner’s filing consists of copies of some of the Court’s previous orders in the instant proceeding, copies of court orders in Tucker v. Paramo, No. 1:15-cv-01664-DAD-JLT, and various documents in support of his challenge to his convictions. As Petitioner’s argument is written on a copy of a previous order in the instant proceeding, the Court will construe it as a motion for reconsideration in this case rather than in Tucker v. Paramo, No. 1:15-cv01664-DAD-JLT. 1 1 As set forth in detail in the findings and recommendation (ECF No. 16) and the order 2 dismissing the petition (ECF No. 19), this Court lacks jurisdiction to consider the Petitioner’s 3 petition for writ of habeas corpus. Since Petitioner has already filed petitions for writ of habeas 4 corpus regarding his 1998 and 2002 convictions, he cannot file another petition in this Court 5 regarding the same convictions without first obtaining permission from the United States Court 6 of Appeal for the Ninth Circuit. 7 Accordingly, Petitioner’s motion for reconsideration of the Court’s dismissal of his 8 petition for writ of habeas corpus is hereby denied. 9 10 IT IS SO ORDERED. 11 Dated: May 19, 2016 SENIOR DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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