Opinion
CASE NO. SA CV 16-1384-CAS (PJW)
08-01-2016
JERIMICHAEL COOLEY, Petitioner, v. DEBBIE ASUNCION, WARDEN, Respondent.
ORDER DISMISSING SECOND OR SUCCESSIVE HABEAS CORPUS PETITION AND DENYING CERTIFICATE OF APPEALABILITY
Before the Court is Petitioner's second attempt to challenge his 2005 state conviction for second degree murder and resultant 37-years-to-life sentence. His first petition was denied on the merits by this Court in September 2010. (Cooley v. Small, SA CV 08-1155-CAS (PJW), September 28, 2010 Order.) Petitioner appealed, but the Ninth Circuit Court of Appeals denied his request for a certificate of appeal-ability. (Cooley v. Small, No. 10-56709, March 20, 2012 Order.)
Absent authorization from the Ninth Circuit, Petitioner may not bring another habeas petition challenging his conviction and/or sentence in this court. See 28 U.S.C. § 2244; see also Burton v. Stewart, 549 U.S. 147, 157 (2007) (holding district court lacks jurisdiction to consider the merits of a second or successive petition absent prior authorization from the circuit court). For this reason, the Petition is dismissed.
The Court further finds that Petitioner has not made a substantial showing of the denial of a constitutional right or that the court erred in its procedural ruling and, therefore, a certificate of appealability will not issue in this action. See 28 U.S.C. § 2253(c)(2); Fed. R. App. P. 22(b); Miller-El v. Cockrell, 537 U.S. 322, 336 (2003); Slack v. McDaniel, 529 U.S. 473, 484 (2000).
IT IS SO ORDERED.
DATED: August 1, 2016
/s/_________
CHRISTINA A. SNYDER
UNITED STATES DISTRICT JUDGE Presented by: /s/_________
PATRICK J. WALSH
UNITED STATES MAGISTRATE JUDGE