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Brown v. Keeton

United States District Court, C.D. California

May 11, 2017

NORMAN ANTHONY BROWN, Petitioner,
v.
WARDEN KEETON, Respondent.

          ORDER SUMMARILY DISMISSING PETITION FOR LACK OF JURISDICTION AND DENYING A CERTIFICATE OF APPEALABILITY

          CONSUELO B. MARSHALL UNITED STATES DISTRICT JUDGE

         On May 1, 2017, Norman Anthony Brown (“Petitioner”), a state prisoner proceeding pro se, filed a Petition for Writ of Habeas Corpus (“Petition”).

         PRIOR PROCEEDINGS

         In June 1982, in Riverside County Superior Court, Case No. CR-19235, Petitioner was convicted of kidnapping, robbery, six counts of oral copulation, two counts of rape, and one count of rape with a foreign object. (Order Summarily Dismissing Successive Petition For Writ Of Habeas Corpus For Failure To Obtain Prior Authorization From The Ninth Circuit (“Dismissal Order”), filed April 4, 2014, in Brown v. Figuroa, Warden, Case No. EDCV 14-0466 CBM (AN), at 1.)[1] Petitioner was sentenced to 70 years in state prison. (Dismissal Order at 1; Petition at 2.)

         In 1986, Petitioner filed in this Court a petition for writ of habeas corpus by a person in state custody, pursuant to 28 U.S.C. § 2254, Case No. CV 86-5637 CBM (B) (“1986 Petition”), challenging his 1982 conviction and/or sentence in Riverside County Superior Court Case No. CR-19235. The 1986 Petition was dismissed on the merits. (See Dismissal Order at 2.)

         In 1990, Petitioner filed in this Court another petition for writ of habeas corpus by a person in state custody, pursuant to 28 U.S.C. § 2254, Case No. CV 90-2494 WDK (B) (“1990 Petition”), challenging his 1982 conviction and/or sentence in Riverside County Superior Court Case No. CR-19235. The 1990 Petition was dismissed on the merits. (See Dismissal Order at 2.)

         In 1994, Petitioner filed in this Court another petition for writ of habeas corpus by a person in state custody, pursuant to 28 U.S.C. § 2254, Case No. CV 94-7399 JGD (GHK) (“1994 Petition”), challenging his 1982 conviction and/or sentence in Riverside County Superior Court Case No. CR-19235. The 1994 Petition was dismissed as an abuse of the writ. (See Dismissal Order at 2.)

         In 1999, Petitioner filed in this Court another petition for writ of habeas corpus by a person in state custody, pursuant to 28 U.S.C. § 2254, Case No. CV 99-9057 CBM (AN) (“1999 Petition”), challenging his 1982 conviction and/or sentence in Riverside County Superior Court Case No. CR-19235. The 1999 Petition was dismissed as an unauthorized successive petition. (See Dismissal Order at 2.)

         In 2007, Petitioner filed in this Court another petition for writ of habeas corpus by a person in state custody, pursuant to 28 U.S.C. § 2254, Case No. EDCV 07-0191 CBM (AN) (“2007 Petition”), challenging his 1982 conviction and/or sentence in Riverside County Superior Court Case No. CR-19235. The 2007 Petition was dismissed as an unauthorized successive petition. (See Dismissal Order at 2.)

         In 2010, Petitioner filed in this Court another petition for writ of habeas corpus by a person in state custody, pursuant to 28 U.S.C. § 2254, Case No. EDCV 10-1831 CBM (AN) (“2010 Petition”), challenging his 1982 conviction and/or sentence in Riverside County Superior Court Case No. CR-19235. The 2010 Petition was dismissed as an unauthorized successive petition. (See Dismissal Order at 2.)

         In 2013, Petitioner filed in this Court another petition for writ of habeas corpus by a person in state custody, pursuant to 28 U.S.C. § 2254, Case No. EDCV 13-1181 CBM (AN) (“2013 Petition”), challenging his 1982 conviction and/or sentence in Riverside County Superior Court Case No. CR-19235. The 2013 Petition was dismissed as an unauthorized successive petition. (See Dismissal Order at 2-3.)

         In 2014, Petitioner filed in this Court another petition for writ of habeas corpus by a person in state custody, pursuant to 28 U.S.C. § 2254, Case No. EDCV 14-0466 CBM (AN) (“2014 Petition”), challenging his 1982 conviction and/or sentence in Riverside County Superior Court Case No. CR-19235. The 2014 Petition was dismissed as an unauthorized successive petition. (See Dismissal Order at 1-5.)

         On March 6, 2015, Petitioner filed in this Court another petition for writ of habeas corpus by a person in state custody, pursuant to 28 U.S.C. § 2254, Case No. EDCV 15-0429 CBM (AN) (“March 2015 Petition”), challenging his 1982 conviction and/or sentence in Riverside County Superior Court Case No. CR-19235. The March 2015 Petition was dismissed as an unauthorized successive petition. (Order Summarily Dismissing Petition For Lack of Jurisdiction and Denying a Certificate of Appealability (“March 2015 Dismissal Order”), filed March 17, 2015, Brown v. Frink, Warden, Case No. EDCV 15-0429 CBM (JEM), at 1-6.)

         On May 29, 2015, Petitioner filed in this Court another petition for writ of habeas corpus by a person in state custody, pursuant to 28 U.S.C. § 2254, Case No. EDCV 15-1065-CBM (JEM) (“May 2015 Petition”), challenging his conviction and/or sentence in Riverside County Superior Court Case No. CR-19235. The May 2015 Petition was dismissed as an unauthorized successive petition. (Order Summarily Dismissing Petition for Lack of Jurisdiction and Denying a Certificate of ...


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