(HC) Thompson v. People of the State of CA

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ROBERT WAYNE THOMPSON, No. 2:24-cv-1166 AC P 12 Petitioner, 13 v. ORDER AND FINDINGS AND

RECOMMENDATIONS

14 PEOPLE OF THE STATE OF

CALIFORNIA,

15 Respondent. 16 17 18 Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas 19 corpus pursuant to 28 U.S.C. § 2254. 20 In the instant petition, petitioner challenges his 2012 conviction on multiple charges, 21 which resulted in a thirty-year sentence. ECF No. 1 at 1-2. 22 Under 28 U.S.C. § 2244(b)(3)(A), a second or successive application for habeas relief 23 may not be filed in district court without prior authorization by the court of appeals. Felker v. 24 Turpin, 518 U.S. 651, 657 (1996). Prior authorization is a jurisdictional requisite. Burton v. 25 Stewart, 549 U.S. 147, 152-53 (2007); Cooper v. Calderon, 274 F.3d 1270, 1274 (9th Cir. 2001) 26 (once district court has recognized a petition as second or successive pursuant to § 2244(b), it 27 lacks jurisdiction to consider the…