Frank Atwood v. David Shinn

FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS MAY 27 2022

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

FRANK JARVIS ATWOOD, No. 22-70084

Petitioner,

v. OPINION

DAVID SHINN, Director,

Respondent.

Application to File Second or Successive Petition Under 28 U.S.C. § 2254

Argued and Submitted May 24, 2022 San Francisco, California

Before: M. Margaret McKeown, Consuelo M. Callahan, and Sandra S. Ikuta, Circuit Judges.

Per Curiam

On May 4, 2022, Petitioner Frank Jarvis Atwood filed a motion for an order

authorizing the district court to consider a second or successive habeas petition as

required by 28 U.S.C. § 2244(b)(3)(A). Atwood seeks leave to file a habeas

petition raising three claims: (1) the use of his 1975 California conviction for lewd

and lascivious conduct with a child under the age of fourteen years as an

aggravating circumstance to qualify him for the death penalty violates the Eighth and Fourteenth Amendments; (2) the State withheld material exculpatory evidence

in violation of the Fourteenth Amendment and…