Phillip v. California, State of

Phillip v. California, State of

Petitioner:	James E. Phillip
Respondent:	California, State of
Case Number:	3:2017cv01356
Filed:	July 3, 2017
Court:	US District Court for the Southern District of California
Office:	San Diego Office
County:	San Diego
Presiding Judge:	Barbara Lynn Major
Presiding Judge:	Janis L. Sammartino
Nature of Suit:	General
Cause of Action:	28 U.S.C. § 2254
Jury Demanded By:	None

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Date Filed	Document Text
August 1, 2017	Filing 3 ORDER DISMISSING Petition For a Writ of Habeas Corpus Without Prejudice for Lack of Jurisdiction. It is ordered that the petition is dismissed for lack of subject matter jurisdiction. The dismissal is without prejudice to Petitioner to file h is Petition in this Court if he obtains the necessary order from the Ninth Circuit Court of Appeals. The Clerk of Court is directed to mail Petitioner a blank Application for Leave to File a Second or Successive Petition or Motion under 28 U.S .C. § 2254 together with a copy of this Order. The dismissal is also without prejudice to Petitioner to initiate a new habeas petition which will be given a new civil number if he wishes to challenge his 1997 or 2003 convictions. The Court declines to issue a Certificate of Appealability because Petitioner has not shown "that jurists of reason would find it debatable whether the petition states a valid claim of the denial of a constitutional right, and that jurists of reaso n would find it debatable whether the district court was correct in its procedural ruling." Slack v. McDaniel, 529 U.S. 473, 478 (2000). Signed by Judge Janis L. Sammartino on 8/1/2017.(All non-registered users served via U.S. Mail Service) (Application Mailed out) (dxj)

Date Filed

Document Text

August 1, 2017

Filing 3 ORDER DISMISSING Petition For a Writ of Habeas Corpus Without Prejudice for Lack of Jurisdiction. It is ordered that the petition is dismissed for lack of subject matter jurisdiction. The dismissal is without prejudice to Petitioner to file h is Petition in this Court if he obtains the necessary order from the Ninth Circuit Court of Appeals. The Clerk of Court is directed to mail Petitioner a blank Application for Leave to File a Second or Successive Petition or Motion under 28 U.S .C. § 2254 together with a copy of this Order. The dismissal is also without prejudice to Petitioner to initiate a new habeas petition which will be given a new civil number if he wishes to challenge his 1997 or 2003 convictions. The Court declines to issue a Certificate of Appealability because Petitioner has not shown "that jurists of reason would find it debatable whether the petition states a valid claim of the denial of a constitutional right, and that jurists of reaso n would find it debatable whether the district court was correct in its procedural ruling." Slack v. McDaniel, 529 U.S. 473, 478 (2000). Signed by Judge Janis L. Sammartino on 8/1/2017.(All non-registered users served via U.S. Mail Service) (Application Mailed out) (dxj)

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Petitioner: James E. Phillip
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Respondent: California, State of
Represented By:	Attorney General
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