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Vernon Castle Brown v. Tim A. Vargas

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION


September 27, 2012

VERNON CASTLE BROWN, PETITIONER,
v.
TIM A. VARGAS, RESPONDENT.

The opinion of the court was delivered by: Christina A. Snyder United States District Judge

MEMORANDUM AND ORDER DISMISSING PETITION

On September 18, 2012, petitioner filed this petition for a writ of habeas corpus. The petition challenges petitioner's 2001 murder conviction. [Petition at 2]. Petitioner previously has filed numerous petitions in this Court challenging that conviction. The first petition, filed in Case No. CV 03-7528-FMC(AJW), was denied on the merits on June 8, 2004. Petitioner's subsequent petitions challenging that conviction were dismissed as successive. See Case Nos. CV 04-4250-R(AJW), CV 11-4338-CAS(AJW), CV 11-4691-CAS(AJW), CV 11-7476-CAS(AJW), CV 11-7997-CAS(AJW), CV 12-4039-CAS(AJW).*fn1

Absent authorization from the Ninth Circuit Court of Appeals, which petitioner evidently has not obtained, petitioner's challenge to his 2001 murder conviction must be dismissed for lack of jurisdiction. See 28 U.S.C. §§ 2244(b)(2)& 2244(b)(3); see Felker v. Turpin, 518 U.S. 651, 656-657 (1996); Greenawalt v. Stewart, 105 F.3d 1268, 1277 (9th Cir.), cert. denied, 519 U.S. 1102 (1997).

It is so ordered.


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