Brown-Seals v. Jaquez

Filing 5

ORDER GRANTING LEAVE TO PROCEED IN FORMA PAUPERIS AND FOR PETITIONER TO SHOW CAUSE re 3 Prison Trust Fund Account Statement filed by Michael I Brown-Seals. (Certificate of Service Attached) Signed by Judge Phyllis J. Hamilton on 8/29/16. (napS, COURT STAFF) (Filed on 8/29/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MICHAEL I BROWN-SEALS,

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United States District Court
Northern District of California

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Case No. 16-cv-04763-PJH

Petitioner,

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v.

JAQUEZ FRANCISCO,
Respondent.

ORDER GRANTING LEAVE TO
PROCEED IN FORMA PAUPERIS AND
FOR PETITIONER TO SHOW CAUSE
Re: Dkt. No. 3

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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 also applied for leave to proceed in forma pauperis.

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Petitioner challenges a 2005 conviction from the Lake County Superior Court. However,

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

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challenging the same conviction. See Seals v. Jaquez, Case No. 10-cv-3707-PJH.

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Petitioner’s case was dismissed with prejudice as barred by the statute of limitations and

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was affirmed by the Ninth Circuit. This appears 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
(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 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.

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28 U.S.C. § 2244(b)(2).
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“Before a second or success
e
sive applica
ation permit
tted by this section is f
filed in the
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dis
strict court, the applica shall mo in the a
ant
ove
appropriate court of ap
ppeals for an order
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authorizing th district co to cons
he
ourt
sider the ap
pplication.” 28 U.S.C. § 2244(b)(
(3)(A). It
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does not appe that pet
ear
titioner has received a
authorization from the Ninth Circu to file
uit
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s
e
dered to sh ow cause w this case should n be
why
not
this petition, therefore he will be ord
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dis
smissed.
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CONCLU
USION
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1.

Petitioner’s motion for leave to p
s
r
proceed in f
forma paup
peris (Docke No. 3) is
et

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United States District Court
Northern District of California

GR
RANTED.
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2.

Petitioner must show cause by S
m
September 22, 2016, why this ca should
r
ase

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not be dismissed as successive. Failure to file a respons will result in this cas being
e
se
se
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dis
smissed.
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IT IS SO ORDER
S
RED.
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Da
ated: Augus 29, 2016
st
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__
__________
__________
__________
_______
PH
HYLLIS J. H
HAMILTON
Un
nited States District Ju
s
udge
\\can
ndoak.cand.circ9
9.dcn\data\users\PJHALL\_cv\2016\2016_04763_
_Brown-Seals_v_
v_Francisco\16-cv
v-04763-PJH-os
sc_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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MICHAEL I BROWN-SE
M
B
EALS,

Case No. 16-cv-047
763-PJH

Plaintiff,
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v.

CERTIFIC
CATE OF S
SERVICE

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FRANCISCO JAQUEZ,
O
,
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 August 29 2016, I SERVED a true and co
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S
orrect copy(ies) of the attached,
by placing said copy(ies) in a posta paid en velope add
age
dressed to t person(
the
(s)
hereinafter lis
sted, by dep
positing said envelope in the U.S. Mail, or by placing sa
d
e
y
aid
copy(ies) into an inter-of
o
ffice deliver receptaclle located in the Clerk office.
ry
k's

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chael I Brow
wn-Seals ID #V-7748
D:
88
Mic
Pe
elican Bay State Prison C-1-A#10 SHU
S
n
02
P.O Box 7500
O.
Cre
escent City CA 95532
y,
2-7000

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Da
ated: Augus 29, 2016
st

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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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