Hendon
Hendon v. Burton
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 CARLOS DUANE HENDON, Case No. 23-cv-02775-HSG
Petitioner, ORDER OF DISMISSAL; DENYING
CERTIFICATE OF APPEALABILITY
v.
ROBERT BURTON, Respondent.
12 Petitioner filed this pro se action seeking a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner has paid the filing fee. Dkt. No. 8. For the reasons set forth below, the Court DISMISSES this petition as second or successive within the meaning of 28 U.S.C. § 2244(b)(2), and DENIES a certificate of appealability. DISCUSSION A. Standard of Review This court may entertain a petition for writ of habeas corpus “in behalf of a person in custody pursuant to the judgment of a state court only on the ground that he is in custody in violation of the Constitution or laws or treaties of the United States.” 28 U.S.C. § 2254(a); Rose v. Hodges, 423 U.S. 19, 21 (1975). A district court shall “award the writ or issue an order directing the…