Edwards

INTRODUCTION

Petitioner Walter L. Edwards has filed a habeas petition under 28 U.S.C. § 2254 in which he challenges the same state court judgment he challenged in a prior habeas suit that he filed in this district, Edwards v. Foulk, No. 14-cv-02769-LHK. The present petition will be dismissed as second or successive to the prior petition.

BACKGROUND

The first habeas petition challenged his 2011 California state convictions in the Alameda County Superior Court for second degree murder and shooting at an inhabited dwelling. (Edwards, No. 14-cv-02769, Dkt. No. 15 at 1.) The petition was denied on the merits. (Id.) Edwards did not appeal. The present habeas petition challenges the same state court judgment as the prior petition. (Instant Petition, Dkt. No. 1 at 4; People v. Edwards, No. A132814, 2013 WL 1809723 (Cal. Ct. App. Apr. 30, 2013).)

DISCUSSION

The instant petition is barred by the rule against filing a second or successive petition. As noted, Edwards has filed at least one previous petition regarding the same state court judgment challenged in the instant petition. In order to file a second or successive petition, a petitioner who remains in custody pursuant to…