Martel

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 DARRYL DUNSMORE, Case No.: 3:18-cv-0172-H-PCL

Petitioner,

ORDER DENYING CERTIFICATE

v. OF APPEALABILITY MICHAEL MARTEL, Warden, Respondent. 16 On January 24, 2018, Petitioner Darryl Dunsmore, a state prisoner proceeding pro se, filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 challenging his June 3, 2010 state court judgment, along with a request to proceed in forma pauperis. (Doc. Nos. 1, 2.) On January 31, 2018, the Court summarily dismissed the petition and denied the IFP application as moot after determining that the petition was second or successive with the meaning of 28 U.S.C. § 2254, and that Petitioner had failed to seek authorization to proceed from the United States Court of Appeals for the Ninth Circuit as required by 28 U.S.C.§ 2244(b)(3)(A). (Doc. No. 7.) The Court ordered the Clerk to mail Petitioner a blank Ninth Circuit Application for Leave to File Second…