Hayter v. Arnold

Filing 8

ORDER FOR PETITIONER TO SHOW CAUSE. Signed by Judge James Donato on 8/31/16. (lrcS, COURT STAFF) (Filed on 8/31/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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CLIFFORD HAYTER,
Petitioner,

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United States District Court
Northern District of California

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Case No. 16-cv-04220-JD

ORDER FOR PETITIONER TO
SHOW CAUSE

v.
ERIC ARNOLD,
Respondent.

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Petitioner, a California prisoner, filed a pro se petition for a writ of habeas corpus pursuant
to 28 U.S.C. § 2254.
DISCUSSION

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STANDARD OF REVIEW
This Court may entertain a petition for writ of habeas corpus “in behalf of a person in

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custody pursuant to the judgment of a State court only on the ground that he is in custody in
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violation of the Constitution or laws or treaties of the United States.” 28 U.S.C. § 2254(a); Rose v.

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Hodges, 423 U.S. 19, 21 (1975). Habeas corpus petitions must meet heightened pleading
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requirements. McFarland v. Scott, 512 U.S. 849, 856 (1994). An application for a federal writ of
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habeas corpus filed by a prisoner who is in state custody pursuant to a judgment of a state court
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must “specify all the grounds for relief available to the petitioner ... [and] state the facts supporting
each ground.” Rule 2(c) of the Rules Governing § 2254 Cases, 28 U.S.C. § 2254. “‘[N]otice’
pleading is not sufficient, for the petition is expected to state facts that point to a ‘real possibility
of constitutional error.’” Rule 4 Advisory Committee Notes (quoting Aubut v. Maine, 431 F.2d

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688, 689 (1st Cir. 1970)).
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LEGAL CLAIMS

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Petitioner presents many claims regarding his 2004 conviction. However, court records

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indicate that petitioner previously filed a habeas petition concerning the same conviction. See

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Hayter v. Clark, Case No. 09-cv-0457-JF. In that case, the Court granted a motion to dismiss as

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untimely and the Ninth Circuit denied petitioner’s motion for a certificate of appealability. Docket

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Nos. 27, 37 in Case No. 09-cv-0457-JF. “A claim presented in a second or successive habeas

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corpus application under section 2254 that was not presented in a prior application shall be

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dismissed . . .” 28 U.S.C. § 2244(b)(2). This is the case unless,

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United States District Court
Northern District of California

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(A) the applicant shows that the claim relies on a new rule of
constitutional law, made retroactive to cases on collateral review by
the Supreme Court, that was previously unavailable; or
(B) (i) the factual predicate for the claim could not have been
discovered previously through the exercise of due diligence; and
(ii) the facts underlying the claim, if proven and viewed in
light of the evidence as a whole, would be sufficient to establish by
clear and convincing evidence that, but for constitutional error, no
reasonable factfinder would have found the applicant guilty of the
underlying offense.
28 U.S.C. § 2244(b)(2).
“Before a second or successive application permitted by this section is filed in the district
court, the applicant shall move in the appropriate court of appeals for an order authorizing the
district court to consider the application.” 28 U.S.C. § 2244(b)(3)(A). It does not appear that
petitioner has received authorization from the Ninth Circuit to file this petition, therefore he will
be ordered to show cause why this case should not be dismissed.
CONCLUSION

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Petitioner must show cause in twenty-one (21) days why this case should not be dismissed
as successive. Failure to file a response will result in this case being dismissed.
IT IS SO ORDERED.
Dated: August 31, 2016

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JAMES DONATO
United States District Judge

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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CLIFFORD HAYTER,

Case No. 16-cv-04220-JD

Plaintiff,
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v.

CERTIFICATE OF SERVICE

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ERIC ARNOLD,
Defendant.

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S.
District Court, Northern District of California.

United States District Court
Northern District of California

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That on August 31, 2016, I SERVED a true and correct copy(ies) of the attached, by
placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by
depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery
receptacle located in the Clerk's office.

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Clifford Hayter ID: V32822
C.S.P. Solano
P.O. Box 4000
Vacaville, CA 95696

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Dated: August 31, 2016

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Susan Y. Soong
Clerk, United States District Court

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By:________________________
LISA R. CLARK, Deputy Clerk to the
Honorable JAMES DONATO

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