Carl Eugene Gowdy v. C. Phifer

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 10 CARL EUGENE GOWDY, Case No. 2:21-cv-04125-CJC-PD

Petitioner, ORDER DISMISSING

SECOND OR SUCCESSIVE

v.

HABEAS CORPUS PETITION;

C. PHIFER, WARDEN, DENYING CERTIFICATE OF

APPEALABILITY; AND

Respondent.

REFERRING PETITION

PURSUANT TO NINTH CIRCUIT RULE 22-3(a)

18 Before the Court is Petitioner’s sixth attempt to challenge his 2011 conviction for first degree murder and his sentence. The jury found true that 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. [Dkt. 23 No. 1 at 1.] 24

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