Johnnie Lee Barnes v. Rick Hill

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

JOHNNIE LEE BARNES, CASE NO. 5:21-cv-01550-SVW (SK)

Petitioner, ORDER DISMISSING PETITION

AND DENYING CERTIFICATE OF

v.

APPEALABILITY

RICK HILL, WARDEN,

Respondent.

Petitioner is a California state prisoner seeking federal habeas relief under 28 U.S.C. § 2254 from his 2010 state conviction and sentence for second degree robbery. (ECF 1). This is Petitioner’s second visit to the Court, seeking to challenge the same conviction again under § 2254. (See Barnes v. People of the State of California, Case No. 5:17-cv-421-SVW). His first § 2254 petition was dismissed in June 2017 because Petitioner named the wrong respondent and, more critically, because it was untimely. (Id., ECF 10). So, to file this second and successive petition, Petitioner had to obtain authorization from the Ninth Circuit first. See 28 U.S.C. § 2244(b)(3)(A). Yet Petitioner presents no evidence—and the Court has found none—that he obtained such preauthorization. Without that, the Court lacks jurisdiction to entertain this impermissibly second and successive petition under § 2254. See McNabb v. Yates, 576 F.3d 1028, 1029…