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5 UNITED STATES DISTRICT COURT

6 DISTRICT OF NEVADA

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8 CHRISTOPHER RYAN HUBBLE, Case No. 3:19-cv-00124-LRH-WGC

9 Petitioner, ORDER v. 10 RENEE BAKER, 11 Respondents. 12 13 This habeas matter under

comes before the court on the 14 parties’ responses to this court’s order to show cause regarding whether the petition is 15 time-barred (ECF Nos. 2, 3, 4, 8). In the course of that briefing, it has come to the 16 court’s attention that Hubble has previously challenged this judgment of conviction in 17 Nevada state case no. 03C189061. See 3:08-cv-00068-BES-RAM. Thus, this petition 18 is dismissed as second and successive. 19

(3)(A) provides: “[b]efore a second or successive application 20 permitted by this section is filed in the district court, the applicant shall move in the 21 appropriate court of appeals for an order authorizing the district court to consider the 22 application.” Where a petition has been dismissed with prejudice as untimely or 23 because of procedural default, the dismissal constitutes a disposition on the merits and 24 renders a subsequent petition second or successive for purposes of

. 25 McNabb v. Yates,

(9th Cir. 2009); Henderson v. Lampert, 26

(9th Cir. 2005). 27 /// 1 In 2008, this court granted respondents’ motion to dismiss Hubble’s habeas 2|| corpus petition challenging the same judgment of conviction because it was time- 3|| barred, and judgment was entered. 3:08-cv-O0068-BES-RAM, ECF Nos. 10, 11. There is no indication that Hubble has obtained authorization from the court of appeals to file a 5|| successive petition. Thus, this petition is dismissed as a successive petition. 6 || Reasonable jurists would not find the court’s conclusions to be debatable or wrong, and || the court will not issue a certificate of appealability. 8 IT IS THEREFORE ORDERED that the petition (ECF No. 1) is DISMISSED with 9|| prejudice as second and successive. 10 IT IS FURTHER ORDERED that a certificate of appealability is DENIED. 11 IT IS FURTHER ORDERED that the Clerk shall enter judgment accordingly and 12|| close this case. 13 14 DATED this 2nd day of October, 2019. □

15 LA . HICKS 16 UNITED STATES DISTRICT JUDGE 17 18 19 20 21 22 23 24 25 26 27 28