Bell v. Arnold

Filing 4

ORDER FOR PETITIONER TO SHOW CAUSE. (Certificate of Service Attached). Signed by Judge Phyllis J. Hamilton on 6/28/16. (napS, COURT STAFF) (Filed on 6/28/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JOSEPH BELL,
Plaintiff,

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United States District Court
Northern District of California

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Case No. 16-cv-03034-PJH
ORDER FOR PETITIONER TO SHOW
CAUSE

v.
ERIC ARNOLD,
Defendant.

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Petitioner, a California prisoner, filed a pro se petition for a writ of habeas corpus

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pursuant to 28 U.S.C. § 2254. He has paid the filing fee. Petitioner challenges a

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November 8, 1996, conviction from the San Francisco County Superior Court. Petitioner

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argues that he received an unauthorized sentence in excess of the trial court’s jurisdiction

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because of state Propositions that were passed in 1990 before his trial and sentence.

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However, court records indicate that petitioner already filed a habeas petition in this court

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challenging the same conviction. See Bell v. Lamarque, Case No. 99-cv-3562-PJH.

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That case was denied on June 20, 2003, and an appeal was later denied. This appears

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to be a successive petition.

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“A claim presented in a second or successive habeas corpus application under

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section 2254 that was not presented in a prior application shall be dismissed . . .” 28

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

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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

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(ii) the facts un
t
nderlying th claim, if proven and viewed
he
d
in light of the eviden
nce as a w
whole, wou be suff
uld
ficient to
establish by clear and convin
a
ncing evide
ence that, but for
constitution
nal error, no reason
nable factf
finder wou
uld have
found the applicant gu of the u
a
uilty
underlying offense.
28 U.S.C. § 2244(b)(2).
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“Before a second or successive application permitted by this sec
s
s
n
ction is filed
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in the district court, the applicant sh move in the appropriate cour of appeals for an
t
a
hall
n
rt
s
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ord authoriz
der
zing the dis
strict court to consider the applica
o
ation.” 28 U
U.S.C. §
7
2244(b)(3)(A) It does not appear that petition has rece
).
ner
eived autho
orization fro the
om
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Nin Circuit to file this petition, therefore he w be order to show cause why this case
nth
t
p
will
red
w
y
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sho
ould not be dismissed. Petitioner must show cause by July 29, 2
e
w
y
2016, why t
this case
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sho
ould not be dismissed as successive. Failure to file a response w result in dismissal.
e
will
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United States District Court
Northern District of California

IT IS SO ORDER
S
RED.
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Da
ated: June 28, 2016
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PH
HYLLIS J. H
HAMILTON
N
Un
nited States District Ju
s
udge

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ndoak.cand.circ9
9.dcn\data\users\PJHALL\_psp\2
2016\2016_03034
4_Bell_v_Arnold
d_(PSP)\16-cv-03
3034-PJH-osc-p.
.docx

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2

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UNITED STATES D
DISTRICT C
COURT

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NORTHER DISTRIC OF CAL
N
RN
CT
LIFORNIA

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JO
OSEPH BE
ELL,

Case No. 16-cv-030
034-PJH

Plaintiff,
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v.

CERTIFIC
CATE OF S
SERVICE

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ERIC ARNO
OLD,
Defendant.

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United States District Court
Northern District of California

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I, the undersigned hereby ce
u
d,
ertify that I am an emp
ployee in th Office of the Clerk,
he
f
S.
C
hern Distric of Californ
ct
nia.
U.S District Court, North
That on June 28, 2016, I SERVED a tru and corr
ue
rect copy(ie of the at
es)
ttached, by
pla
acing said copy(ies) in a postage paid envelo addres
c
ope
ssed to the person(s) h
hereinafter
list
ted, by depositing said envelope in the U.S. Mail, or by placing sa copy(ies into an
d
y
aid
s)
inte
er-office de
elivery receptacle locat in the C
ted
Clerk's office.

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Jos
seph Bell
K-3
30059
P.O Box 4000
O.
Va
acaville, CA 95696
A

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ated: June 28, 2016
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Da

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Susan Y. So
oong
Clerk, United States Dis
d
strict Court
C

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y:________
_________
_________
By
Nichole Peric Deputy C
c,
Clerk to the
e
Honorable P
PHYLLIS J. HAMILTON
N

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