Gastelo
Rogers v. Gastelo
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 TYRONE ROGERS, Case No. 3:20-cv-1139-WQH-RBM
Plaintiff,
SUMMARY DISMISSAL OF
v. SUCCESSIVE PETITION
PURSUANT TO 28 U.S.C.
JOSIE GASTELO, 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, along with a motion to proceed in forma pauperis. For the reasons discussed below, this case is summarily dismissed pursuant to 28 U.S.C. § 2244(b)(3)(A). As such, the Court does not rule on Petitioner’s request to proceed in forma pauperis. 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 January 13, 2004 conviction in San Diego County Superior Court Case No. SCD176027. On November 17, 2006, Petitioner filed in a Court a Petition for Writ of Habeas Corpus in case number…