Opinion
CASE NO. CV 16-5602-JAK (PJW)
08-18-2016
LARRY L. HARRISON, Petitioner, v. D. 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 2004 state conviction for second degree robbery and resultant 15-year sentence. His first petition was denied on the merits by this Court in March 2010. (Harrison v. Hedgpeth, CV 07-6068-JSL (PJW), March 17, 2010 Order.) Petitioner appealed that decision but the Ninth Circuit Court of Appeals denied his request for a certificate of appeal-ability. (Harrison v. Hedgpeth, No. 10-55659, 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 18, 2016
/s/_________
JOHN A. KRONSTADT
UNITED STATES DISTRICT JUDGE Presented by: /s/_________
PATRICK J. WALSH
UNITED STATES MAGISTRATE JUDGE