Morris v. Warden

Background

Taray Taqwain Morris filed a petition under 28 U.S.C. § 2254 challenging a 2004 California state criminal judgment from the Monterey County Superior Court. The judgment followed a plea agreement under which Morris pleaded guilty to felony possession of a deadly weapon by an inmate and felony assault with force likely to produce great bodily injury. He also admitted the charged enhancements and prior prison terms. The court states that he received a sentence of 25 years to life under California’s Three Strikes Law, consecutive to the terms he was already serving.

The court explained that Morris had previously filed a federal habeas petition challenging the same state judgment in a prior related proceeding, No. 06-cv-07409. That petition was denied on the merits. The Ninth Circuit affirmed, denied rehearing en banc, and the Supreme Court denied review and rehearing.

Reason for dismissal

A second or successive federal habeas petition requires authorization from the federal court of appeals before the district court may consider it. The court stated that, without that authorization, the district court lacks jurisdiction over the petition. Morris had not shown that the Ninth Circuit authorized his pending petition.

Disposition

The court dismissed the petition as second or successive and unauthorized by the Court of Appeals. It stated that a certificate of appealability would not issue, ordered Roberto A. Arias entered as the sole respondent, entered judgment in favor of Arias, and directed the Clerk to close the file.