Hudon v. Baca et al

Filing 21

ORDER denying ECF Nos. 8 , 9 , 10 , and 11 motions; and denying certificate of appealability. Signed by Judge Robert C. Jones on 6/7/16. (Copies have been distributed pursuant to the NEF - JC)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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ROGER W. HUDON,

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Petitioner,

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vs.

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Case No. 3:15-cv-00257-RCJ-WGC

ISIDRO BACA, et al.,

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ORDER

Respondents.

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The court referred this action to the court of appeals to determine whether to allow petitioner

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to file a second or successive petition. ECF No. 4. The court of appeals denied authorization. ECF

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No. 8. Before the court now are petitioner’s motion request to file and hear petition (ECF No. 8),

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respondents’ opposition (ECF No. 13), and petitioner’s reply (ECF No. 20).

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The court’s order referring the action to the court of appeals stated that petitioner is

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convicted of possession of a stolen vehicle. That is incorrect. Petitioner is convicted of second-

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degree murder. That error does not affect the basic problem with his current petition. Petitioner has

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pursued an earlier petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 that challenged

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the same judgment of conviction that he challenges in the current petition. Petitioner needed

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authorization from the court of appeals to pursue his current petition, and the court of appeals has

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denied authorization. See 28 U.S.C. § 2244(b)(3). That denial puts an end to the action.

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The court denies petitioner’s other motions (ECF No. 9, 10, 11) because petitioner cannot
proceed with this action.
To the extent a certificate of appealability is required, the court denies one.

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IT IS THEREFORE ORDERED that petitioner’s motion request to file and hear petition

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(ECF No. 8), motion for the appointment of counsel (ECF No. 9), motion to extend prison copy

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work limit (ECF No. 10), and application to proceed in forma pauperis (ECF No. 11) are DENIED.

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

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Dated: June 7, 2016.

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_________________________________
ROBERT C. JONES
United States District Judge

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