Lepley v. Filson et al

Filing 11

ORDER dismissing without prejudice the petition for lack of jurisdiction; directing Clerk to enter judgment accordingly. Signed by Judge Howard D. McKibben on 4/16/2018. (Copies have been distributed pursuant to the NEF - KR)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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BRIAN EUGENE LEPLEY,

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Petitioner,
vs.

ORDER

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3:17-cv-00693-HDM-VPC

TIMOTHY FILSON, et al.,
Respondents.

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This habeas matter under 28 U.S.C. § 2254 comes before the Court on a pending

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show-cause inquiry as to whether the Court lacks jurisdiction over the petition because it

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constitutes a successive petition.

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The April 13, 2018, order of the Court of Appeals denying petitioner’s application for

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authorization to file a second or successive petition was entered following review of the

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application in the appellate court, the petition in this matter, and this Court’s November 29,

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2017, show cause order outlining, inter alia, the relevant procedural history. (ECF No. 10, at

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1.) The Ninth Circuit’s denial of petitioner’s application, following review of the foregoing

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materials, establishes as the law of the case in this lower court both that the petition is

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successive and that petitioner has not established a viable basis for authorization to pursue

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the successive petition under 28 U.S.C. § 2244(b)(2). Further proceedings on the Court’s

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pending show-cause inquiry therefore would be futile.

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IT THEREFORE IS ORDERED that the petition shall be DISMISSED without prejudice
for lack of jurisdiction.

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The Clerk of Court shall enter final judgment accordingly, dismissing this action without
prejudice.
DATED: April 16, 2018.

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__________________________________
HOWARD D. MCKIBBEN
United States District Judge

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