UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA
February 2, 2009
TAJU AHMED, PETITIONER,
ERNEST C. ROE, WARDEN, RESPONDENT.
The opinion of the court was delivered by: Irma E. Gonzalez, Chief Judge United States District Court
Order Denying Application for Certificate of Appealability
Petitioner Taju Ahmed, a state prisoner proceeding pro se, has filed an application seeking a certificate of appealability pursuant to 28 U.S.C. § 2253. Petitioner's motion is DENIED.
This petition was dismissed, without prejudice, on November 19, 1999, because it contained unexhausted claims. Petitioner exhausted his claims and on January 13, 2000, he filed a second habeas corpus petition containing only exhausted claims. [Case No. 00cv84-TW(AJB).] The Court, however, dismissed this second petition as procedurally barred on October 14, 2004.*fn1
Petitioner appealed the dismissal, but the Ninth Circuit Court of Appeals affirmed on May 12, 2006. The Ninth Circuit Court of Appeals thereafter denied Petitioner leave to file a second or successive petition pursuant to 28 U.S.C. § 2244(b)(2). [Case No. 00cv84-TW(AJB), Doc. No. 68.]
On July 25, 2008, Petitioner filed a third habeas corpus petition in this Court. [Case No. 08cv1352-BTM(NLS).] The Court dismissed this third petition without prejudice to Petitioner obtaining leave from the Ninth Circuit Court of Appeals to file a second or successive petition pursuant to 28 U.S.C. § 2244. The Ninth Circuit denied Petitioner such leave on November 6, 2008.
In light of this procedural history, the Court finds Petitioner has failed to make a "substantial showing of the denial of a constitutional right" as required by 28 U.S.C. § 2253, and DENIES Petitioner's application for a certificate of appealability.
IT IS SO ORDERED.