Lizarraga

(HC) Proffitt v. Lizarraga

Good Law
United States District Court, Eastern District of CaliforniaAugust 19, 20192:19-cv-01510California820 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JERRY DANIEL PROFFITT, No. 2:19-cv-1510 CKD P Petitioner, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

JOE LIZARRAGA, Respondent. 16 Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. I. Application to Proceed In Forma Pauperis Examination of the in forma pauperis application reveals that petitioner is unable to afford the costs of suit. (ECF No. 2.) Accordingly, the application to proceed in forma pauperis will be granted. See 28 U.S.C. § 1915(a). II. Petition In the instant petition, petitioner challenges his 2001 conviction in Shasta County Superior Court Case No. 01F3667. (ECF No. 1 at 1.) Under 28 U.S.C. § 2244(b)(3)(A), a second or successive application for habeas relief may not be filed in district court without prior authorization by the court of appeals. Felker v. Turpin, 518 U.S. 651, 657 (1996). Prior…

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