Williams v. Curry
USCA ORDER : Denying the application for authorization to file a second or successive 28 U.S.C. ss2254 habeas corpus petition in the district court is denied. (ys, COURT STAFF) (Filed on 1/29/2010)
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F IL E D
U N IT E D STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
JAN 21 2010
MOLLY C. DWYER, CLERK
U . S . C O U R T OF APPE A L S
G R E G O R Y WAYNE WILLIAMS, Petitioner, v.
N o . 09-73278
ORDER B E N CURRY, Warden Respondent.
B efo re: SILVERMAN, PAEZ and BEA, Circuit Judges. The 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. § 2244(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 factfinder would have found th e petitioner guilty of the underlying offense.
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N o petition for rehearing or motion for reconsideration shall be filed or en tertain ed in this case. See 28 U.S.C. § 2244(b)(3)(E).
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