Foster
Foster v. Sullivan
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 DERRYL TYRONE FOSTER, Case No. 3:20-cv-0408-LAB-WVG
Plaintiff,
SUMMARY DISMISSAL OF
v. SUCCESSIVE PETITION
PURSUANT TO 28 U.S.C.
W.J. SULLIVAN, Warden, § 2244(b)(3)(A) GATEKEEPER Defendant. PROVISION 16 Petitioner has filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254. For the reasons discussed below, this case is summarily dismissed pursuant to 28 U.S.C. § 2244(b)(3)(A). PETITION BARRED BY GATEKEEPER PROVISION The instant Petition is not the first Petition for a Writ of Habeas Corpus Petitioner has submitted to this Court challenging his August 31, 2006 conviction in San Diego County Superior Court Case No. SCD195407. On September 28, 2011, Petitioner filed in a Court a Petition for Writ of Habeas Corpus in case number 3:11-cv-2270-LAB- WMC. In that petition, Petitioner challenged his August 31, 2006 conviction as well. On August 26, 2013, this Court…