Vincent Anthony Callender v. Warden of CSATF

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA VINCENT ANTHONY CALLENDER, ) CASE NO. CV 19-8720-DMG (PJW) ) Petitioner, ) ) ORDER DISMISSING SECOND OR v. ) SUCCESSIVE HABEAS CORPUS PETITION ) AND DENYING CERTIFICATE OF WARDEN OF CSATF, ) APPEALABILITY ) Respondent. ) ) 15 Before the Court is Petitioner’s second attempt to challenge his April 2006 state conviction and subsequent sentence. The Court dismissed his first petition in 2014 as untimely. (Callender v. Knipp, CV 12-7481-DMG (PJW), January 30, 2014 Order.) Petitioner attempted to appeal the Court’s ruling, but his application for a certificate of appealability was denied. (Callender v. Knipp, CCA No. 14-55343, September 26, 2014 Order.) A petition that is dismissed for untimeliness “presents a ‘permanent and incurable’ bar to federal review of the underlying claims” and renders a subsequent petition second or successive. McNabb v. Yates, 576 F.3d 1028, 1030 (9th Cir. 2009). Absent…