Morgan v. Curry

Filing 8

USCA ORDER that the Petitioner's application for authorization to file a second or successive habeas corpus in the district court is denied. (gba, COURT STAFF) (Filed on 2/3/2009)

Case: 08-74620

01/23/2009

Page: 1 of 2

DktEntry: 6783075

F IL E D
JAN 23 2009

U N IT E D STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

MOLLY C. DWYER, CLERK
U . S . C O U R T OF APPE A L S

L O R E N MORGAN, Petitioner, v. B E N CURRY, Warden, Respondent.

N o . 08-74620

ORDER

B efo re: O'SCANNLAIN, SILVERMAN and BYBEE, Circuit Judges. T h e application for authorization to file a second or successive 28 U.S.C. § 2254 habeas corpus petition in the district court is denied. Petitioner has not m ad e a prima facie showing under 28 U.S.C. § 2 2 4 4 (b )(2 ) that: (A ) the claim relies on a new rule of constitutional law, made retroactive to cases on collateral review by the Supreme Court, that was previously u n av ailab le; or ( B ) (i) the factual predicate for the claim could not have been discovered p rev io u sly through the exercise of due diligence; and (ii) the facts u n d erlyin g the claim, if proven and viewed in light of the evidence as a w h o le , would be sufficient to establish by clear and convincing evidence th at, but for constitutional error, no reasonable fact finder would have found th e applicant guilty of the underlying offense.

LL/MOATT

Case: 08-74620

01/23/2009

Page: 2 of 2

DktEntry: 6783075

N o petition for rehearing or motion for reconsideration shall be filed or en tertain ed in this case. S e e 28 U.S.C. § 2244(b)(3)(E). D E N IE D .

LL/MOATT 0 8 -7 4 6 2 0