Crain v. Nevada Parole and Probation et al

Filing 4

ORDER Dismissing Action and Denying certificate of appealability, Case terminated. Signed by Judge Kent J. Dawson on 10/26/16. (Copies have been distributed pursuant to the NEF - JM)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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STEVEN CHRISTOPHER CRAIN,

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Petitioner,

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vs.

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Case No. 2:16-cv-01828-KJD-CWH

NEVADA PAROLE AND PROBATION,
et al.,

ORDER

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Respondents.
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The court directed petitioner to show cause why this action should not be dismissed under 28

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U.S.C. § 2244(b) because it is a second or successive petition for a writ of habeas corpus for which

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he has not obtained authorization to file. Petitioner has filed a response (ECF No. 3). Petitioner

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presents an argument why the court should consider the petition, but he has not presented the one

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thing that would allow the court to consider the petition: Authorization from the court of appeals.

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Petitioner knows what he needs to do because, as the court noted in its earlier order, he has filed at

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least one prior second or successive petition in this court without authorization. The court will

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dismiss this action.

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Reasonable jurists would not find the court’s conclusion to be debatable or wrong, and the
court will not issue a certificate of appealability.

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IT IS THEREFORE ORDERED that this action is DISMISSED as a second or successive

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petition. The clerk of the court shall enter judgment accordingly and close this action.

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IT IS FURTHER ORDERED that a certificate of appealability is DENIED.

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DATED: October 26, 2016

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_________________________________
KENT J. DAWSON
United States District Judge

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