Opinion
CASE NO. CV 15-548-AG (PJW)
09-13-2016
DONALD B. WILLIAMS, Petitioner, v. E. VALENZUELA, 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 2009 state conviction for assault with a deadly weapon and resultant nine-years-and-four-months sentence. His first petition was denied on the merits in December 2012. (Williams v. People of State of California, CV 11-8461-AG (PJW), December 28, 2012 Order.) Petitioner appealed that decision but the Ninth Circuit Court of Appeals denied his request for a certificate of appealability. (Williams v. People of State of California, CCA No. 13-55113, March 1, 2013 Order.) Thereafter, the United States Supreme Court denied his petition for writ of certiorari. (Williams v. California, No. 13-5584, October 21, 2013 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: September 13, 2016
/s/_________
ANDREW J. GUILFORD
UNITED STATES DISTRICT JUDGE Presented by: /s/_________ 9/7/16
PATRICK J. WALSH
UNITED STATES MAGISTRATE JUDGE