Covello

Dela Calzada v. Covello

Good Law
United States District Court, Northern District of CaliforniaMay 25, 20233:23-cv-00030California518 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 JOVENCIO DELA CALZADA, Case No. 23-cv-00030-WHO (PR)

Petitioner,

ORDER OF DISMISSAL

v.

PATRICK COVELLO, Respondent.

12 INTRODUCTION Petitioner Jovencio Dela Calzada has filed a habeas petition under 28 U.S.C. § 2254 in which he challenges the same state court judgment he challenged in a prior habeas action in this district, Dela Calzada v. Gipson, No. 14-cv-00103 WHO. The pending petition will be dismissed as second or successive to the prior petition. BACKGROUND The first habeas petition was denied on the merits. (Dela Calzada, No. 14-cv- 00103, Dkt. No. 19.) Petitioner appealed, but the Ninth Circuit Court of Appeals denied his request for a certificate of appealability. (Id., Dkt. No. 33.) The prior and current petitions are challenges to the 2011 California state convictions and sentence Dela Calzada received in the Contra Costa Superior Court for committing multiple sexual offenses against two of his…

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