Lawrie
Lawrie v. Cavello
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 Case No. 3:23-cv-1859-JO-MSB
MATTHEW A. LAWRIE,
SUMMARY DISMISSAL OF
Petitioner, SUCCESSIVE PETITION v. PURSUANT TO 28 U.S.C. 14 § 2244(b)(3)(A) GATEKEEPER
PROVISION PARTICK COVELLO, Warden, 16 Respondent. 17 18 19 Petitioner filed a Petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254, along with a motion to proceed in forma pauperis (IFP), and a motion for appointment of counsel. ECF Nos. 1–3. For the reasons set forth below, the habeas petition is dismissed and the accompanying motions denied as moot. Pursuant to 28 U.S.C. § 2244(b)(3)(A), habeas petitioners cannot bring a “second or successive application for the same relief they already requested without proper authorization. A federal habeas petition is “second” or “successive” if (1) the petitioner filed a previous challenge to a state judgment; (2) a federal court issued a…