Michael Angelo Morales v. Steven W. Ornoski, Acting Warden, for the California State Prison at San Quentin

ORDER

Michael Angelo Morales, a California state prisoner scheduled to be executed on February 21, 2006 at 12:01 a.m., has filed a request for stay of execution and an application for leave to file a second or successive (“SOS”) petition for writ of habeas corpus under 28 U.S.C. § 2244 (b). The Supreme Court of California denied Morales’s most recent habeas petition on February 15, 2006. We have jurisdiction under 28 U.S.C. § 2244 , and we deny the applications Morales now presents to this court.

Morales was convicted of first degree murder with premeditation and two special circumstances — intentional killing by torture and intentional killing by lying in wait — for the brutal murder and rape of Terri Winchell. His conviction became final in 1989, after the California Supreme Court affirmed the conviction and the United States Supreme Court denied certiorari. People v. Morales, 48 Cal.3d 527 , 257 Cal.Rptr. 64 , 770 P.2d 244 , cert. denied Morales v. California, 493 U.S. 984 , 110 S.Ct. 520 , 107 L.Ed.2d 520 (1989). On July 20, 1992, Morales filed a petition for writ of habeas corpus in the United States District Court and, after some of his claims were dismissed without…