Pfiffer

JS-6 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA 11 12 Case No. CV 23-2018 DSF (MRW) EVERETT COX,

ORDER DISMISSING ACTION

Petitioner,

WITHOUT PREJUDICE

v. PFIFFER, Warden, Respondent. 18 19 The Court summarily dismisses this action pursuant to the 20 successive habeas petition rule under 28 U.S.C. §§ 2243 and 2244. 21 * * * 22 1. Petitioner is currently serving a life term in state prison based 23 on his 2010 murder conviction. (Docket # 1 at 11.) 24 2. In this federal habeas action, Petitioner alleges that a 25 component of his sentence (an enhancement based on his use of a gun in 26 the killing) is “invalid.” (Docket # 9 at 1.) Petitioner claims that he is 27 entitled to the benefit of a change in state law that occurred years after his 28 conviction. Alternatively, he contends that the sentencing enhancement violates the Fifth Amendment because he has been punished more than once for his underlying criminal offense. (Docket # 14.) 3. Petitioner previously sought habeas relief…