Davis

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

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

Plaintiff, ORDER DENYING MOTION TO

PROCEED

v. Re: Dkt. No. 13 RONALD DAVIS, Defendant.

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