David Sconce v. Patrick Covello

IN THE UNITED STATES DISTRICT COURT

FOR THE CENTRAL DISTRICT OF CALIFORNIA

10 11 12 Case No. 2:21-cv-04872-ODW-PD

DAVID SCONCE,

ORDER DISMISSING SECOND OR

Petitioner, SUCCESSIVE HABEAS CORPUS

PETITION; DENYING

v. CERTIFICATE OF

APPEALABILITY; AND

PATRICK COVELLO, Warden, REFERRING PETITION

PURSUANT TO NINTH CIRCUIT

Respondent. RULE 22-3(a)

19 Before the Court is Petitioner’s third attempt to challenge his April 20 1997 plea to conspiracy to commit murder and lifetime probation sentence. 21 [See Dkt. Nos. 4-5.] 22 The first habeas petition challenging the plea proceedings was denied 23 and dismissed with prejudice after the Court reached its merits. See Sconce v. 24 California, Case No. 2:14-cv-2447-ODW-JC (C.D. Cal. 2018), Dkt. No. 78, 2018 25 U.S. Dist. LEXIS 56057, report and recommendation adopted, 2018 U.S. Dist. 26 27 28 LEXIS 56070. Petitioner voluntarily dismissed his second habeas petition in February 2021, after this Court issued a Report and Recommendation determining that 3 it was second or successive. Sconce v. Covello, Case No. 2:20-cv-01846-ODW- 4 PD,…