Carl Eugene Gowdy v. C. Phifer

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 CARL EUGENE GOWDY, Case No. 2:21-cv-04125-CJC-PD

12 Petitioner, ORDER DISMISSING

SECOND OR SUCCESSIVE

13 v.

HABEAS CORPUS PETITION;

14 C. PHIFER, WARDEN, DENYING CERTIFICATE OF

APPEALABILITY; AND

15 Respondent.

REFERRING PETITION

16 PURSUANT TO NINTH CIRCUIT RULE 22-3(a) 17

18 19 Before the Court is Petitioner’s sixth attempt to challenge his 2011 20 conviction for first degree murder and his sentence. The jury found true that 21 Petitioner personally used a handgun with intent to cause great bodily harm and that the murder was committed for the benefit of a criminal street gang. 22 Petitioner was sentenced to state prison for a term of fifty years to life.1 [Dkt. 23 No. 1 at 1.] 24 25

26 1 Petitioner raises the following four claims: (1) that the prosecutor failed to disclose 27 favorable evidence; (2) that he received ineffective assistance of counsel; (3) violations of California’s Penal and Civil Codes; and (4) that the…