Phillips v. Lizarraga

Filing 12

ORDER signed by Magistrate Judge Gregory G. Hollows on 04/10/18 ORDERING this action remains successive, and attempting to append a new claim to a successive petition does not render it non-successive. Petitioner is again advised to file a request to file a successive petition with the Ninth Circuit Court of Appeals. Petitioners motions, 11 are denied. (Plummer, M) Modified on 4/11/2018 (Plummer, M).

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOSHUA WILLIAM PHILLIPS,

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No. 2:14-cv-1818-KJM-GGH P

Petitioner,
v.

ORDER

JOE LIZARRAGA, Warden,
Respondent.

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Petitioner filed a petition for a writ of habeas corpus on August 1, 2014. ECF No. 1. That

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petition was dismissed without prejudice as a successive petition by Order of the District Judge

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on October 15, 2014, ECF No. 8, and judgment was entered the same date. ECF No 9. On

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March 28, 2018 petitioner filed motions to appoint counsel, to “reopen” the case, and for

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discovery. ECF No. 11.

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This action remains successive, and attempting to append a new claim to a successive

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petition does not render it non-successive. Petitioner is again advised to file a request to file a

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successive petition with the Ninth Circuit Court of Appeals.

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Petitioner’s motions, ECF No. 11 are denied.

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Dated: April 10, 2018

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/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE

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