Sutton v. Olsen

UNITED STATES DISTRICT COURT

DISTRICT OF NEVADA

Kevin Sutton, Case No.: 3:21-cv-00374-RCJ-WGC Petitioner,

Order Dismissing Improperly Commenced v. Habeas Proceeding

Warden K. Olsen, et al.,

Respondents.

Petitioner, a Nevada prisoner, has submitted a petition for writ of habeas corpus under 28 U.S.C. § 2254. ECF No. 1-1. Petitioner has not filed an application to proceed in forma pauperis or paid the filing fee. See 28 U.S.C. § 1915(a)(2) and Local Rules LSR 1-1, 1-2. Accordingly, this matter has not been properly commenced.

In addition, a review of the court docket indicates that petitioner has filed numerous habeas actions challenging the same judgment of conviction, including one that was decided on the merits. See Case No. 3:04-cv-00498-HDM. As this court has previously explained to the petitioner, a second or successive petition may not be filed absent authorization from the Court of Appeals, and the district court lacks jurisdiction to consider such petitions absent such authorization. See Case No. 3:18-cv-00598-MMD-CLB, ECF No. 7 at 1 (citing 28 U.S.C. § 23 2244(b)(3); Burton v. Stewart, 549 U.S. 147, 149 & 152-53 (2007)).

IT IS THEREFORE ORDERED that this action is dismissed.

IT IS FURTHER ORDERED that a certificate of appealability is denied, as jurists of 3]/reason would not find the court's dismissal of this improperly commenced action to be debatable or incorrect.

IT IS FURTHER ORDERED that the Clerk shall enter judgment accordingly and close this case.

Dated: September 7, 2021. .

U.S. District Jidge Robert C. Jones

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