(HC) Cooper v. The City of Elk Grove

Good Law
United States District Court, Eastern District of CaliforniaMarch 15, 20222:22-cv-00443California728 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KYLE S. COOPER, No. 2:22-cv-0443 AC P Petitioner, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

THE CITY OF ELK GROVE, Respondent. 16 Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. In the instant petition, petitioner challenges his 2013 conviction on multiple charges, which resulted in a sentence of thirty-seven years. ECF No. 1 at 2. Under 28 U.S.C. § 2244(b)(3)(A), a second or successive application for habeas relief may not be filed in district court without prior authorization by the court of appeals. Felker v. Turpin, 518 U.S. 651, 657 (1996). Prior authorization is a jurisdictional requisite. Burton v. Stewart, 549 U.S. 147, 152-53 (2007); Cooper v. Calderon, 274 F.3d 1270, 1274 (9th Cir. 2001) (once district court has recognized a petition as second or successive pursuant to § 2244(b), it lacks jurisdiction to…

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