(HC) Strain v. People of the State of California
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JEREMY D. STRAIN, No. 2:20-cv-1211 AC P Petitioner, v. ORDER AND FINDINGS AND
RECOMMENDATIONS
PEOPLD OF THE STATE OF
CALIFORNIA,
15 Respondent.
17 Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas 18 corpus pursuant to 28 U.S.C. § 2254. 19 In the instant petition, petitioner challenges his 2009 conviction for aggravated mayhem 20 and assault, which resulted in a sentence of seven years to life. ECF No. 1 at 2. 21 Under 28 U.S.C. § 2244(b)(3)(A), a second or successive application for habeas relief 22 may not be filed in district court without prior authorization by the court of appeals. Felker v. 23 Turpin, 518 U.S. 651, 657 (1996). Prior authorization is a jurisdictional requirement. Burton v. 24 Stewart, 549 U.S. 147, 152-53 (2007); Cooper v. Calderon, 274 F.3d 1270, 1274 (9th Cir. 2001) 25 (once district court has recognized a petition as second or successive pursuant to § 2244(b), it 26 lacks jurisdiction to consider the…