Opinion
C24-5459-JCC
07-18-2024
DENNIS DERISE CORBRAY, Petitioner, v. JASON BENNETT, Respondent.
ORDER
JOHN C. COUGHENOUR UNITED STATES DISTRICT JUDGE
This matter comes before the Court on the Report and Recommendation (“R&R”) of the Honorable Grady L. Leupold, United States Magistrate Judge (Dkt. No. 6). Judge Leupold recommends the Court dismiss Dennis Corbray's habeas petition brought pursuant to 28 U.S.C. § 2254. (Id. at 3.) Having thoroughly considered the relevant record, the Court ADOPTS the R&R, DISMISSES the petition, and DENIES a certificate of appealability.
According to the R&R, Mr. Corbray has filed four prior federal habeas petitions challenging the same Pierce County Superior Court judgment and sentence as in the instant petition. (Id. at 2.) The Court denied his initial federal habeas action on the merits, rendering the instant petition a second or successive one. (Id.) (citing Corbray v. Carter, Case No. C06-5043-RJB, Dkt. Nos. 22, 24 (W.D. Wash. 2009)). And this Court lacks jurisdiction to consider a successive petition until the Ninth Circuit Court of Appeals authorizes its filing. See 28 U.S.C. § 2244(b)(3)(A). Because Mr. Corbray provides no evidence that the Ninth Circuit has authorized this filing, this Court lacks jurisdiction over the petition.
The Court, therefore, ADOPTS the R&R (Dkt. No. 6), DISMISSES Mr. Corbray's § 2254 petition, DENIES a certificate of appealability, DENIES all motions submitted by Mr. Corbray in conjunction with this petition as moot (Dkt. Nos. 1-3, 1-4, 1-5, 1-6, 7), and DIRECTS the Clerk to send copies of this order to Mr. Corbray and Judge Leupold.