Lisa Marie Perez v. Lavelle Parker

Summary

The United States District Court for the Eastern District of California dismissed Lisa Marie Perez’s habeas corpus petition under 28 U.S.C. § 2254. The court concluded that the petition was second or successive because it challenged the same state-court judgment as an earlier petition and further held that the sentencing-credit claims were not cognizable on federal habeas review.

Holdings

1. A habeas petition is second or successive when it challenges the same state-court judgment challenged in an earlier petition, even if the petitioner contends that the particular credits or claims differ.
2. A petitioner must obtain authorization from the Ninth Circuit before filing a second or successive habeas petition.
3. Claims asserting errors of state sentencing law, including the denial of state sentencing credits, are not cognizable in federal habeas proceedings and cannot be converted into federal claims merely by invoking the federal Constitution.

Questions Presented

1. Whether the petition was second or successive because it challenged the same state-court judgment as an earlier habeas petition.
2. Whether the petition could proceed without prior authorization from the Ninth Circuit.
3. Whether claims concerning the denial of state sentencing credits were cognizable in federal habeas proceedings.

Disposition

dismissed