Dela Calzada v. Patrick Covello

Background

Jovencio Dela Calzada filed a petition under 28 U.S.C. § 2254 challenging the same 2011 California state-court convictions and sentence that he challenged in two prior federal petitions. The first petition was denied on the merits, and the Ninth Circuit Court of Appeals denied his request for a certificate of appealability. The second petition was dismissed as second or successive, and Dela Calzada did not appeal that dismissal.

The opinion states that the prior and pending petitions challenged convictions and a sentence imposed by the Contra Costa Superior Court for multiple sexual offenses against two of Dela Calzada’s stepdaughters. The sentence was 173 years to life in state prison.

Court’s Analysis

The court held that the pending petition was barred as a second or successive petition. Under 28 U.S.C. § 2244(b)(3)(A), a person seeking to file such a petition must first obtain an order from the Ninth Circuit authorizing the district court to consider it. Without that authorization, the district court lacks jurisdiction over the petition. The court concluded that Dela Calzada had not shown that he received the required authorization.

Disposition

The petition was DISMISSED as second or successive and not authorized by the Court of Appeals. The court stated that a certificate of appealability would not issue because Dela Calzada had not made the required showing concerning a valid constitutional claim or the correctness of the court’s procedural ruling.

The court DENIED Dela Calzada’s motion to proceed in forma pauperis as moot because he had paid the filing fee. It ordered the Clerk to terminate all pending motions, enter judgment in favor of the respondent, and close the file.

Classification

This is a procedural order because the court dismissed the petition for lack of authorization to file a second or successive petition and did not decide the merits of the underlying challenges.