Shah

Shah v. Fox

Good Law
United States District Court, Northern District of CaliforniaMarch 10, 20203:20-cv-01385California447 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

JAY SHAH,

Case No. 20-cv-01385-RS Petitioner, 11 v. ORDER OF DISMISSAL

ROBERT W. FOX,

13 Respondent.

15 I. INTRODUCTION Petitioner Jay Shah has filed a habeas petition challenging the same state convictions he challenged in a prior (and now closed) habeas action, Shah v. Fox, No. 17-cv-06737-RS (N.D. Cal. filed Nov. 22, 2017). The instant petition will be dismissed as second or successive to the prior petition. If petitioner wishes to file a successive habeas petition, he must first obtain permission from the Ninth Circuit Court of Appeals. II. BACKGROUND Shah’s prior petition was denied on the merits in December 2018, and a certificate of appealability was not issued by either the district court or the Ninth Circuit. See id., Dkt. Nos. 22, 25. III. DISCUSSION This petition will be dismissed as second or successive. As noted, in…

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