UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
February 17, 2012
TOM WILLIAM ANDREWS,
ROBERT H. TRIMBLE, WARDEN,
The opinion of the court was delivered by: Cormac J. Carney 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 a 1995 conviction in California Superior Court, Los Angeles County, Case No. SA021552. This petition is a challenge to that conviction and resulting sentence. For the reasons discussed below, the petition must be dismissed as an unauthorized second or successive petition.
This is Petitioner's second habeas challenge to his 1995 state court conviction and sentence. His prior petition, in case no. CV 97-9187-NM(Mc), was denied and dismissed with prejudice in a judgment entered June 1, 2000. [See Case No. CV 09-9187-NM(Mc), Docket Nos. 51, 52.]
A new habeas petition that is brought under 28 U.S.C. § 2254*fn1 and that challenges the same state court judgment addressed in one or more prior § 2254 petitions disposed of with prejudice, such as the one in this matter, is a "second or successive" petition. A federal district court may not consider a second or successive petition unless the petitioner has first obtained an order from the proper federal circuit court of appeals authorizing the district court to review the new petition. See 28 U.S.C. § 2244(b)(3)(A). The court of appeals may authorize review of a second or successive petition in the district court only if the petitioner "makes a prima facie showing [to the court of appeals] that the application satisfies the requirements of" 28 U.S.C. § 2244(b). See 28 U.S.C. § 2244(b)(3)(C); Felker v. Turpin, 518 U.S. 651, 657, 116 S. Ct. 2333, 135 L. Ed. 2d 827 (1996).
Here, nothing in the court's docket or in Petitioner's filings suggests Petitioner has received permission to file a second or successive Petition for Writ of Habeas Corpus. Because Petitioner has failed to obtain the required order, this Petition is subject to dismissal without prejudice. Petitioner may file a new petition in this court if and only if he first obtains authorization from the Ninth Circuit pursuant to 28 U.S.C. § 2244(b)(3)(A).
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.
Dated: February 14, 2012
CARLA M. WOEHRLE United States Magistrate Judge