Brewer

Brewer v. Warden

Good Law
United States District Court, Northern District of CaliforniaAugust 10, 20203:20-cv-03975California700 words

Opinion

Trial Court Opinion

INTRODUCTION

14 Petitioner Kevin Dean Brewer, aka Michael Green, has filed another petition 15 challenging the same state convictions he challenged in three prior (and now closed) 16 habeas actions he filed in this district, Green v. Knipp, No. 12-01689 WHO, Brewer v. 17 Perez, No. 15-02456 WHO, and Green v. Covello, 19-00176 WHO. The instant petition 18 will be dismissed as second or successive to the prior petitions.

BACKGROUND

20 Petitioner’s first habeas petition was denied on the merits. (Green, No. 12-1689, 21 Docket No. 43.) He appealed, but his appeal was terminated by the Ninth Circuit because 22 it was not timely filed. (Id., Dkt. Nos. 45, 47 and 50.) 23 His second habeas action was dismissed as second or successive. (Brewer, No. 15- 24 02456, Dkt. No. 4.) He, but the Ninth Circuit terminated his appeal when it denied his 25 request for a certificate of appealability. (Id., Dkt No. 9.) 26 His third habeas action was dismissed as second or successive. (Green, No. 19- 27 00176 WHO.) He appealed, but the Ninth Circuit terminated his appeal when it denied his request for a certificate of appealability. (Green v. Covello, Ninth Circuit Case No. 19- …

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