Clarence A. Gipbsin v. United States, et al.

Summary

The United States District Court for the Central District of California summarily dismissed Clarence A. Gipbsin’s successive petition for a writ of habeas corpus under 28 U.S.C. § 2254. The court held that it lacked jurisdiction because Gipbsin had not obtained authorization from the Ninth Circuit to file a successive petition challenging his 1991 state-court conviction. The dismissal was without prejudice, and the court denied a Certificate of Appealability.

Holdings

1. A habeas petition challenging the same state conviction previously challenged on the merits in an earlier habeas action is a second or successive petition.
2. A district court lacks jurisdiction to consider a second or successive state habeas petition unless the petitioner first obtains authorization from the appropriate court of appeals.
3. A certificate of appealability should be denied when the petitioner cannot show that reasonable jurists would debate the correctness of the procedural dismissal.

Questions Presented

1. Whether the petition was a second or successive habeas petition requiring prior authorization from the Ninth Circuit under 28 U.S.C. § 2244(b)(3)(A).
2. Whether the district court had jurisdiction to consider the unauthorized successive petition.
3. Whether petitioner was entitled to a certificate of appealability after the procedural dismissal.

Disposition

dismissed