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Naves v. State

United States District Court, D. Utah, Central Division

August 15, 2017

RANDY NAVES, Petitioner,
v.
STATE OF UTAH, Respondent.

          MEMORANDUM DECISION AND ORDER DISMISSING PETITION FOR WRIT OF HABEAS CORPUS

          JUDGE TED STEWART, UNITED STATES DISTRICT COURT.

         United States District Court Judge Ted Stewart

         Trial court:

         Petitioner Naves pleaded guilty to three counts of sexual abuse of a child, second-degree felonies; one count of dealing in harmful material to a minor, a third-degree felony; and one count of lewdness involving a child, a class A misdemeanor. Naves was sentenced on October 17, 1997.

         No Appeal.

         Naves did not file any motion to withdraw his plea and did not appeal.

         State post-conviction petition.

         On April 8, 2005, Naves filed a state petition for post-conviction relief (case no. 050906573). That petition was dismissed as untimely. Naves did not timely appeal. His motion for an extension of time was denied and the Utah court of appeals affirmed. Naves v. Friel, 2007 UT App 138. His petition for certiorari review was denied. Naves v. Friel, 182 P.3d 910 (Table) (2007).

         First federal habeas corpus case.

         Naves then filed a federal petition for writ of habeas corpus (case no. 08-CV-745). That petition was dismissed as untimely on January 25, 2010. Naves v. Turley, 2010 WL 322106 (D. Utah 2010). The Tenth Circuit denied his request for a certificate of appealability. Naves v. Turley, 372 Fed.Appx. 866 (10thCir. 2010). The United States Supreme Court denied his petition for writ of certiorari. Naves v. Turley, 562 U.S. 886 (2010).

         Successive federal habeas corpus case.

         On July 8, 2016, Petitioner Naves filed his current, successive federal habeas corpus petition (case no. 16-CV-438).

         THE PETITION IS DISMISSED FOR LACK OF JURISDICTION

         Naves current federal habeas petition is a successive petition because he previously filed a federal habeas petition in case no. 08-CV-745. A petitioner may not file a second or successive petition for writ of habeas corpus without authorization from the appropriate federal court of appeals. See 28 U.S.C. § 2244(b)(3)(A). “Before a second or successive application permitted by this section is filed in the district court, the applicant shall move in the appropriate court of appeals for an order authorizing the district court to ...


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