Hildebrand
Hildebrand v. Davis
Opinion
trial_court Opinion
1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 MICHAEL HILDEBRAND, Case No. 20-cv-01113-PJH
8 Petitioner,
ORDER DISMISSING PETITION, AND
9 v. DENYING CERTIFICATE OF
APPEALABILITY
10 R. BROOMFIELD,
Respondent. 11
12 13 This is a habeas case filed pro se by a state prisoner. The original petition was 14 dismissed with leave to amend and petitioner has filed an amended petition. As grounds 15 for federal habeas relief petitioner seeks relief regarding the sentencing for his 2006 16 conviction where he entered into a plea bargain. Court records indicate that petitioner 17 previously filed a petition in this court regarding the same conviction. See Hildebrand v. 18 Chavez, Case No. 10-1957 PJH. The earlier filed case was dismissed as untimely in 19 2012 and an appeal was denied. Id. 20 “A claim presented in a second or successive habeas corpus application under 21 section 2254 that was not presented in a prior application shall be dismissed . . .” 28 22 U.S.C. § 2244(b)(2). This is the case unless,