Avalos v. Shinn

D. Arizona

Avalos v. Shinn

DecidedJune 23, 2021

Docket4:18-cv-00355

StatusUnknown

This text of Avalos v. Shinn (Avalos v. Shinn) is published on Counsel Stack Legal Research, covering District Court, D. Arizona primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Avalos v. Shinn, (D. Ariz. 2021).

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1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA

9 Raymond Avalos, No. CV-18-00355-TUC-JGZ

10 Petitioner, ORDER

11 v.

12 Charles L Ryan, et al.,

13 Respondents. 14 15 Pending before the Court are Petitioner’s “Motion to Review Verbal Consent or 16 Legal Search Warrant for Blood Draw” and “Motion to Remove Prior Convictions 17 Outlined in A.R.S. § 13-701(f).” (Docs. 65, 66.) The Court will deny both motions. 18 On February 6, 2020, the Court denied Mr. Avalos’ Petition for Writ of Habeas 19 Corpus and directed the Clerk of Court to close this case. (Doc. 50.) This Court and the 20 Ninth Circuit both subsequently denied Petitioner’s requests for issuance of a certificate of 21 appealability. (Docs. 56, 57.) 22 The pending motions are more appropriately characterized as a successive petition, 23 as Mr. Avalos seeks further review of the same underlying conviction and sentence. This 24 Court lacks jurisdiction to address his successive habeas petition. See Cooper v. Calderon, 25 274 F.3d 1270, 1274 (9th Cir. 2001); see also 28 U.S.C. § 2244(b)(3)(A) (identifying 26 claims that may be brought in a successive petition only after the Ninth Circuit issues an 27 order “authorizing the district court to consider a second or successive application”). 28 // 1 Accordingly, 2 IT IS ORDERED that Petitioner’s Motions (Docs. 65, 66) are DENIED. 3 Dated this 22nd day of June, 2021. 4 5 *

7 □ Honorable J cml 7; United States District Judge 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA

9 Raymond Avalos, No. CV-18-00355-TUC-JGZ

10 Petitioner, ORDER

11 v.

12 Charles L Ryan, et al.,

13 Respondents. 14 15 Pending before the Court are Petitioner’s “Motion to Review Verbal Consent or 16 Legal Search Warrant for Blood Draw” and “Motion to Remove Prior Convictions 17 Outlined in A.R.S. § 13-701(f).” (Docs. 65, 66.) The Court will deny both motions. 18 On February 6, 2020, the Court denied Mr. Avalos’ Petition for Writ of Habeas 19 Corpus and directed the Clerk of Court to close this case. (Doc. 50.) This Court and the 20 Ninth Circuit both subsequently denied Petitioner’s requests for issuance of a certificate of 21 appealability. (Docs. 56, 57.) 22 The pending motions are more appropriately characterized as a successive petition, 23 as Mr. Avalos seeks further review of the same underlying conviction and sentence. This 24 Court lacks jurisdiction to address his successive habeas petition. See Cooper v. Calderon, 25 274 F.3d 1270, 1274 (9th Cir. 2001); see also 28 U.S.C. § 2244(b)(3)(A) (identifying 26 claims that may be brought in a successive petition only after the Ninth Circuit issues an 27 order “authorizing the district court to consider a second or successive application”). 28 // 1 Accordingly, 2 IT IS ORDERED that Petitioner’s Motions (Docs. 65, 66) are DENIED. 3 Dated this 22nd day of June, 2021. 4 5 *

7 □ Honorable J cml 7; United States District Judge 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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