Dela Calzada v. Patrick Covello

1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 4 JOVENCIO DELA CALZADA, Case No. 23-cv-06465-WHO (PR)

Petitioner, 5

ORDER OF DISMISSAL

v. 6

7 PATRICK COVELLO, Dkt. No. 4 Respondent. 8

9 10 INTRODUCTION 11 Petitioner Jovencio Dela Calzada has filed a habeas petition under 28 U.S.C. § 2254 12 in which he challenges the same state court judgment that he challenged in two prior 13 habeas actions filed in this district, Dela Calzada v. Gipson, No. 14-cv-00103 WHO and 14 Dela Calzada v. Covello, 23-cv-00030-WHO. The pending petition will be dismissed as 15 second or successive to the prior petitions. 16 Dela Calzada’s motion to proceed in forma pauperis (IFP) is DENIED as moot 17 because he has paid the filing fee. (Dkt. Nos. 3 and 4.) 18 BACKGROUND 19 The first habeas petition was denied on the merits. (Dela Calzada, No. 14-cv- 20 00103, Dkt. No. 19.) Dela Calzada appealed, but the Ninth Circuit Court of Appeals 21 denied his request for a certificate of appealability. (Id., Dkt. No. 33.) The second petition 22 …