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Melvin Joseph Simmons v. Greg D. Lewis (Warden

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


February 1, 2012

MELVIN JOSEPH SIMMONS,
PETITIONER,
v.
GREG D. LEWIS (WARDEN),
RESPONDENT.

The opinion of the court was delivered by: Terry J. Hatter, Jr. United States District Judge

ORDER DISMISSING PETITION AS SUCCESSIVE

Pro se petitioner is a prisoner in the custody of the State of California pursuant to his 1987 conviction in California Superior Court, Los Angeles County, Case No. A-917709. This petition is a challenge to petitioner's 1987 conviction and sentence.

Petitioner has filed four separate habeas petitions in this court, challenging the same conviction and sentence he challenges here. The first of these petitions, in case no. CV 96-2174-TJH(CW), was denied and dismissed with prejudice in a judgment entered July 15, 1999. All of Petitioner's subsequent petitions were dismissed on the basis that each was a second or successive petition filed without prior authorization by the Ninth Circuit as required by 28 U.S.C. § 2244(b)(3)(A). See Case Nos. CV 06-696-TJH(CW); CV 08-2458-TJH(CW); CV 08-4237-TJH(CW).

Because there is no indication in the record that petitioner has yet obtained the requisite order from the Ninth Circuit, this petition is likewise subject to dismissal without prejudice. Petitioner may file a new petition in this court if and only if petitioner has first obtained authorization pursuant to 28 U.S.C. § 2244(b)(3)(A).

ORDERS:

1. It is hereby ORDERED that judgment be entered dismissing the petition as successive.

2. The clerk shall serve copies of this order and the judgment herein on petitioner.

Presented by:

Dated: January 31, 2012

CARLA M. WOEHRLE United States Magistrate Judge

20120201

© 1992-2012 VersusLaw Inc.



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