Leroy Tate Jr. v. Edward Borla

Summary

The document is a magistrate judge’s findings and recommendation in Leroy Tate Jr.’s federal habeas corpus action. It recommends dismissal of the petition as an unauthorized successive petition, denial of the application for leave to file a successive petition, and denial of the motion to stay, and directs random assignment to a district judge.

Holdings

1. The petition was a second or successive habeas petition because it challenged the same 2004 conviction that was the subject of a prior federal habeas proceeding, and it therefore had to be dismissed because petitioner had not obtained authorization from the Ninth Circuit.
2. The district court lacked subject-matter jurisdiction over the unauthorized second or successive petition.
3. The application for leave to file a second or successive petition in the district court had to be denied because authorization must first be sought from the court of appeals.
4. The motion for stay and abeyance was denied because the petition was an unauthorized successive petition that the district court lacked jurisdiction to consider.

Questions Presented

1. Whether the federal habeas petition was a second or successive petition requiring prior authorization from the Ninth Circuit under 28 U.S.C. § 2244(b)(3)(A).
2. Whether the district court had subject-matter jurisdiction to consider the petition absent authorization from the court of appeals.
3. Whether the petitioner's direct application to the district court for leave to file a second or successive petition should be denied.
4. Whether the petitioner's motion for a stay and abeyance under Rhines v. Weber should be granted.

Disposition

dismissed