Anthony M. King v. Edward Borla, Warden

Summary

The United States District Court for the Central District of California dismissed Anthony M. King’s successive petition for a writ of habeas corpus under 28 U.S.C. § 2254. The court held that King had not obtained authorization from the Ninth Circuit to file the petition, which challenged the same state criminal case previously litigated in federal court, and dismissed the petition without prejudice.

Holdings

1. A petitioner seeking to file a second or successive § 2254 petition must first obtain authorization from the appropriate court of appeals. Because King had not obtained Ninth Circuit authorization, the district court could not entertain the petition.
2. Dismissal of a § 2254 petition as barred by the statute of limitations constitutes an adjudication on the merits that renders a later petition challenging the same conviction second or successive under § 2244(b).

Questions Presented

1. Whether the present § 2254 petition was a second or successive petition requiring prior authorization from the Ninth Circuit under 28 U.S.C. § 2244(b).
2. Whether dismissal of King's prior habeas petition as untimely constituted an adjudication on the merits making a later petition challenging the same conviction second or successive.

Disposition

dismissed