Edmisten v. Gittere

Opinion

3 4| JUSTIN EDMISTEN, Case No.: 3:22-cv-00118-RCJ-CLB A/K/A JUSTIN EDMISTON, 5 ORDER Petitioner, 6 v. 7 g WILLIAM L. GITTERE, et al., 9 Respondents. 10 On August 10, 2023, this Court entered a merits order and judgment in this matter. (ECF 11} Nos. 92, 93.) Edmisten appealed, and the Court of Appeals for the Ninth Circuit denied the request 2 for a certificate of appealability on March 1, 2024. (ECF No. 115.) On April 9, 2024, Edmisten 13 filed an application for leave to file a second or successive federal habeas petition. (ECF No. 116.) 14 15 The application was captioned for the Court of Appeals for the Ninth Circuit. (/d.) 16 Before a second or successive petition may be filed in a federal district court, a habeas 17] petitioner must move in the appropriate Court of Appeals for an order authorizing the district court 18 to consider the petition. 28 U.S.C. § 2244(b)(3). This Court does not have Jurisdiction to entertain 19 a second or successive petition absent such permission. Brown v. Muniz, 889 F.3d 661, 667 (9th 20 Cir. 2018). As such, because this Court does not routinely transfer applications, Edmisten needs to file his application with the Court of Appeals for the Ninth Circuit. 23 IT IS THEREFORE ORDERED that the application for leave to file a second or successive 24 petition (ECF No. 116) is denied. 25 Dated: April 12, 2024 26 28 UNITED ST S DISTRICT JUDGE