Johnson v. Secretary of Corrections

Filing 9

ORDER DENYING Petitioner's 8 Motion for Reconsideration, signed by Magistrate Judge Sheila K. Oberto on 08/18/17. (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ERIC JOHNSON,

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Petitioner,

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Case No. 1:17-cv-00919-SKO HC

v.
SECRETARY OF CORRECTIONS,

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Respondent.

ORDER DENYING PETITIONER'S MOTION
FOR RECONSIDERATION

(Docs. 8)

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

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pursuant to 28 U.S.C. § 2254 was dismissed as second or successive on August 4, 2017. Because

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this Court had previously denied a petition for writ of habeas corpus arising from the same

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conviction and alleging the same claims, and because Petitioner had not petitioned the Ninth Circuit

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Court of Appeals for leave to file a second or successive petition, applicable law required the Court

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to dismiss the petition for lack of jurisdiction. See 28 U.S.C. § 2244(b). Petitioner has now filed a

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letter requesting reconsideration.
Petitioner contends that because this Court addressed his prior petition following the direct

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appeal, he may again pursue a petition for writ of habeas corpus following resolution of state

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habeas proceedings. Petitioner misunderstands applicable law. “A claim presented in a second or

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successive habeas corpus application under section 2254 that was presented in a prior application

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shall be dismissed.” 28 U.S.C. § 2244(b)(1). As indicated in the August 4, 2017, order dismissing

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the petition, Petitioner alleged the claims in both the above-captioned petition and in the prior

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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

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case. Because Petitioner has already filed a petition for habeas corpus related to the same

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conviction, he cannot file another petition in the District Court without first obtaining permission

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(leave to file a second or successive complaint) from the U.S. Court of Appeals for the Ninth

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Circuit.
Petitioner's motion for reconsideration of the Court's dismissal of his petition for writ of

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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.
Dated:

August 18, 2017

/s/

Sheila K. Oberto

UNITED STATES MAGISTRATE JUDGE

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