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Franklin v. Howell, 2:18-cv-00444-JAD-NJK. (2020)

Court: District Court, D. Nevada Number: infdco20200117986 Visitors: 16
Filed: Jan. 14, 2020
Latest Update: Jan. 14, 2020
Summary: Order Striking Supplement to Petition ECF No. 20 JENNIFER A. DORSEY , District Judge . On July 16, 2018, I dismissed this action as an unauthorized second or successive habeas corpus petition under 28 U.S.C. 2244(b). 1 Petitioner Jeffrey Lynn Franklin appealed that decision. 2 The court of appeals denied a certificate of appealability. 3 Now, more than a year after the appeal concluded, Franklin has filed a purported supplement to the petition. 4 However, Franklin has not moved to re
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Order Striking Supplement to Petition

ECF No. 20

On July 16, 2018, I dismissed this action as an unauthorized second or successive habeas corpus petition under 28 U.S.C. § 2244(b).1 Petitioner Jeffrey Lynn Franklin appealed that decision.2 The court of appeals denied a certificate of appealability.3 Now, more than a year after the appeal concluded, Franklin has filed a purported supplement to the petition.4 However, Franklin has not moved to reopen the action. Additionally, Franklin has not shown that the court of appeals has authorized him to proceed with a second or successive habeas corpus petition. For these two reasons, I strike the supplement.

IT THEREFORE IS ORDERED that the clerk of the court is directed to STRIKE the supplement to the petition [ECF No. 20].

FootNotes


1. ECF No. 15.
2. ECF No. 17.
3. ECF No. 19.
4. ECF No. 20.
Source:  Leagle

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