Opinion
C22-5823 BHS
06-13-2023
LEON DENARD CURRIE, Petitioner, v. RONALD HAYNES, Respondent.
ORDER
BENJAMIN H. SETTLE UNITED STATES DISTRICT JUDGE
THIS MATTER is before the Court on Magistrate Judge Theresa L. Fricke's Report and Recommendation (R&R), Dkt. 13, recommending the Court grant Respondent's motion to dismiss Petitioner Leon Currie's third 28 U.S.C. § 2254 petition for failure to seek leave from the Ninth Circuit before filing a second or successive habeas petition. Such leave is required under 28 U.S.C. § 2244(b)(2)(A). Dkt. 13 at 2.
Currie objects. He concedes his prior two efforts to obtain habeas relief (related to a 1995 state court homicide conviction) were dismissed, but he asserts that this is not a second or successive petition because no court ever reached the merits of his prior attempts. Dkt. 14.
The Court does not agree, and Currie has offered no authority to support his claim. The R&R is ADOPTED, the Motion to Dismiss for lack of subject matter jurisdiction is GRANTED.
The Clerk shall enter a JUDGMENT and close the case.
IT IS SO ORDERED.