Johnson v. Secretary of Corrections
ORDER DENYING Petitioner's 8 Motion for Reconsideration, signed by Magistrate Judge Sheila K. Oberto on 08/18/17. (Martin-Gill, S)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
Case No. 1:17-cv-00919-SKO HC
SECRETARY OF CORRECTIONS,
ORDER DENYING PETITIONER'S MOTION
Petitioner is a state prisoner proceeding pro se whose petition for writ of habeas corpus
pursuant to 28 U.S.C. § 2254 was dismissed as second or successive on August 4, 2017. Because
this Court had previously denied a petition for writ of habeas corpus arising from the same
conviction and alleging the same claims, and because Petitioner had not petitioned the Ninth Circuit
Court of Appeals for leave to file a second or successive petition, applicable law required the Court
to dismiss the petition for lack of jurisdiction. See 28 U.S.C. § 2244(b). Petitioner has now filed a
letter requesting reconsideration.
Petitioner contends that because this Court addressed his prior petition following the direct
appeal, he may again pursue a petition for writ of habeas corpus following resolution of state
habeas proceedings. Petitioner misunderstands applicable law. “A claim presented in a second or
successive habeas corpus application under section 2254 that was presented in a prior application
shall be dismissed.” 28 U.S.C. § 2244(b)(1). As indicated in the August 4, 2017, order dismissing
the petition, Petitioner alleged the claims in both the above-captioned petition and in the prior
petition (Johnson v. Secretary of Corrections (1:15-cv-01771-JLT HC)).
Under applicable law, the District Court lacks jurisdiction to address the petition filed in this
case. Because Petitioner has already filed a petition for habeas corpus related to the same
conviction, he cannot file another petition in the District Court without first obtaining permission
(leave to file a second or successive complaint) from the U.S. Court of Appeals for the Ninth
Petitioner's motion for reconsideration of the Court's dismissal of his petition for writ of
habeas corpus pursuant to 28 U.S.C. § 2254 is hereby denied, without prejudice to Petitioner’s
seeking leave to file a second or successive petition pursuant to 28 U.S.C. § 2244(b)(3)(A).
IT IS SO ORDERED.
August 18, 2017
Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE
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