Merchant

(HC) Haynes v. Merchant

Good Law
United States District Court, Eastern District of CaliforniaJanuary 6, 20232:23-cv-00003California719 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MICHAEL D. HAYNES, No. 2:23-cv-0003 AC P Petitioner, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

J. MERCHANT, 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 2002 conviction on multiple charges, which resulted in a sentence of nine years and six months. ECF No. 1 at 1. 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 consider…

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