Davis

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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6 Case No. 19-cv-08152-SI 7 TROY SMITH,

8 Plaintiff, ORDER DENYING MOTION TO

PROCEED

9 v. Re: Dkt. No. 13 10 RONALD DAVIS, 11 Defendant.

12 13 Petitioner Troy Smith, an inmate at San Quentin State Prison, is currently serving a 26-year 14 sentence. Petitioner filed the instant motion for leave to proceed with a second habeas petition 15 pursuant to 28 U.S.C. § 2244. Dkt. No. 7 (Mot. to Proceed). The Court hereby DENIES petitioner’s 16 motion for failing to satisfy 28 U.S.C. § 2244(b). 17 18 BACKGROUND 19 Petitioner’s case arises from the robbery of Lang’s Jewelry Store (“Lang’s”) near Union 20 Square in San Francisco. Dkt. No. 2 at 13 (Second Petition). Late on Sunday, April 7, 2003, the 21 robbers entered the vacant restaurant next door to Lang’s, cut a hole in the wall adjoining the vacant 22 restaurant to Lang’s safe room, and entered the safe room. Dkt. No. 11 at 7 (Opp.). When the store 23 employees came in the following morning, two robbers were waiting and forced them to open…