Brewer

Brewer v. Supreme Court Of California

Good Law
United States District Court, Northern District of CaliforniaApril 22, 20223:22-cv-01777California639 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 four prior habeas actions he filed 16 in this district: Green v. Knipp, No. 12-cv-01689-WHO, Brewer v. Perez, No. 15-cv- 17 02456-WHO, Green v. Covello, 19-cv-00176-WHO, and Brewer v. Warden, No. 20-cv- 18 03975-WHO. The instant petition will be dismissed as second or successive to the prior 19 petitions.

BACKGROUND

21 The first habeas petition was denied on the merits. (Green, No. 12-cv-01689-WHO, 22 Docket No. 43.) Petitioner appealed, but his appeal was terminated by the Ninth Circuit 23 because it was not timely filed. (Id., Dkt. Nos. 45, 47 and 50.) 24 The second habeas action was dismissed as second or successive. (Brewer, No. 15- 25 cv-02456-WHO, Dkt. No. 4.) Petitioner appealed, but the Ninth Circuit terminated his 26 appeal when it denied his request for a certificate of appealability. (Id., Dkt No. 9.) 27 The third habeas action was dismissed as second or successive. (Green, No. 19-cv- 00176-WHO.) Petitioner appealed, but the Ninth Circuit terminated his appeal when it denied his request…

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