Churich v. The People
- Vince Chhabria
- 3:21-cv-00920
- U.S. District Court · Northern District of California
- 2
In Churich v. The People, Judge Chhabria dismissed Churich’s second petition challenging his conviction without prejudice because the Ninth Circuit had not authorized it.
Robert Churich’s second petition challenging his state conviction was dismissed without prejudice because he had not obtained the Ninth Circuit’s required authorization. The People remained the respondent.
What happened
Churich v. The People involved Robert Churich’s second petition challenging a state conviction. He had previously filed a petition challenging the same conviction, and the court dismissed that earlier case.
Federal law required Churich to obtain permission from the U.S. Court of Appeals for the Ninth Circuit before filing another petition in the district court. He had not obtained that permission.
Judge Chhabria dismissed the petition without prejudice, meaning Churich could refile if he obtained the required authorization. The court also denied a certificate of appealability and directed the clerk to close the file.
The detailed version
- Churich v. The People · No. 3:21-cv-00920
- Vince Chhabria
- Feb. 26, 2021
Background
Robert Churich, identified as a state inmate at the California Men’s Colony, filed a petition under 28 U.S.C. § 2254 challenging a state conviction from the Sonoma County Superior Court. The opinion states that this was Churich’s second petition challenging that conviction. In the earlier round of the case, the court granted a motion to dismiss, denied a certificate of appealability, and entered judgment. The court later denied Churich’s motions to alter or amend that judgment.
Court’s Analysis
A second or successive petition is a later petition challenging the same conviction or sentence. Under 28 U.S.C. § 2244(b)(3)(A), Churich first had to obtain an order from the U.S. Court of Appeals for the Ninth Circuit authorizing the district court to consider the petition. The opinion states that Churich had not obtained that authorization. Without it, the district court lacked power to consider the petition.
Ruling
The court dismissed the petition without prejudice to refiling if Churich obtained the required order from the Ninth Circuit. The court also denied a certificate of appealability, concluding that reasonable judges would not debate whether the court’s assessment of the constitutional claims was wrong. The clerk was directed to close the file and enter judgment.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.