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2

3 UNITED STATES DISTRICT COURT

4 DISTRICT OF NEVADA

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6 JOHN DAVID PAMPLIN, Case No. 3:20-cv-00658-MMD-CLB

7 Petitioner, ORDER v. 8 PERRY RUSSEL, et al., 9 Respondents. 10 11 Petitioner John Pamplin has filed a pro se

petition for writ of 12 habeas corpus. (ECF No. 1-1 (“Petition”).) The Court grants Petitioner’s application to 13 proceed in forma pauperis (ECF No. 1). The Court has reviewed the Petition, and it is 14 dismissed as successive. 15 Petitioner states on the face of the Petition that in Case No. 3:08-cv-00007-RCJ- 16 VPC, which Petitioner initiated in 2008, he sought federal habeas corpus relief from his 17 same state court conviction. That federal petition was dismissed on January 14, 2011, 18 and this Court denied a certificate of appealability. See Pamplin v. Benedetti, et al., Case 19 No. 3:08-cv-00007-RCJ-VPC, ECF Nos. 34, 35 (D. Nev. Jan. 1, 2011). Petitioner 20 appealed, and the Ninth Circuit Court of Appeals denied Petitioner’s request for a 21 certificate of appealability on December 20, 2011. (Id. at ECF No. 44.) Petitioner 22 thereafter filed a petition for a writ of certiorari with the United States Supreme Court, and 23 that petition was denied on May 14, 2012. (Id. at ECF Nos. 43, 45.) 24 On June 11, 2018, Petitioner filed a motion for “request for rehearing on original 25 and amended petitions.” (Id. at ECF No. 46.) That motion was denied on June 18, 2018. 26 (Id. at ECF No. 48.) Petitioner appealed the June 18, 2018 denial order, and the Ninth 27 Circuit denied his request for a certificate of appealability on November 16, 2018. (Id. at 28 ECF No. 52.) 1 Petitioner must obtain permission from the Ninth Circuit under

(b) 2 || to file a second or successive petition for writ of habeas corpus. Without such permission, 3 || this Court is without jurisdiction to entertain a challenge to Petitioner's state court 4 || conviction or sentence. See Burton v. Stewart,

(2007). Consequently, 5 || this action is dismissed. 6 It is therefore ordered that Petitioner's motion to proceed in forma pauperis (ECF 7 || No. 1) is granted. 8 The Clerk of Court is directed to file the Petition (ECF No. 1-1). 9 It is further ordered that this proceeding is dismissed for lack of jurisdiction. 10 It is further ordered that a certificate of appealability is denied. 11 The Clerk of Court is directed to enter judgment accordingly and close this case. 12 DATED THIS 19" Day of January 2021. 13 _——

18 MIRANDA M. DU 16 CHIEF UNITED STATES DISTRICT JUDGE 17 18 19 20 21 22 23 24 25 26 27 28