Edward V. Ray, Jr. v. Martin Gamboa

Summary

The United States District Court for the Northern District of California dismissed without prejudice Edward Ray, Jr.’s second or successive 28 U.S.C. § 2254 habeas petition because he had not yet obtained authorization from the Ninth Circuit to proceed. The court granted in forma pauperis status, denied a certificate of appealability, and directed the clerk to close the case.

Holdings

1. A district court may not consider a second or successive § 2254 petition unless the petitioner first obtains an order from the appropriate court of appeals authorizing the district court to consider it. Because Ray's authorization request was still pending, the district court dismissed the petition without prejudice.
2. A certificate of appealability will not issue because reasonable jurists would not find the district court's assessment debatable or wrong.

Questions Presented

1. Whether the district court could entertain Ray's second or successive § 2254 petition while his application for Ninth Circuit authorization remained pending.
2. Whether Ray was entitled to a certificate of appealability from the dismissal.

Disposition

dismissed