Williams v. Curry

Filing 7

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)

Case: 09-73278

01/21/2010

Page: 1 of 2

DktEntry: 7202046

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.

KKC/MOATT

Case: 09-73278

01/21/2010

Page: 2 of 2

DktEntry: 7202046

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).

KKC/MOATT