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Thomas v. Utah State Dist.

United States District Court, D. Utah, Central Division

September 5, 2017

RICHARD DEE THOMAS, Petitioner,
v.
UTAH STATE DIST. et al., Respondent.

          MEMORANDUM DECISION & ORDER DISMISSING PETITION FOR WRIT OF HABEAS CORPUS

          DAVID NUFFER, CHIEF JUDGE

         Based on lack of jurisdiction, this Court grants Respondent's motion to dismiss this federal habeas-corpus petition.

         Trial.

         On August 4, 1995, Petitioner was convicted in Utah state court of aggravated robbery, a first-degree felony. He was sentenced to five-years-to-life in prison on December 4, 1995.

         Appeal.

         Petitioner's conviction was reversed in part, affirmed in part, and remanded. State v. Thomas, 961 P.2d 299, 305 (Utah 1998). The Utah Court of Appeals affirmed the remanded piece on February 25, 1999. State v. Thomas, 1999 UT App 51U.

         State post-conviction.

         Petitioner's state post-conviction petition was denied. (Case No. 950900814). The Utah Supreme Court affirmed the denial of Petitioner's state post-conviction petition. Thomas v. State, 2002 UT 128, 63 P.3d 672.

         Prior federal habeas-corpus case.

         Petitioner filed in this Court a petition for writ of habeas corpus. (Case No. 2:96-CV-575). The Tenth Circuit Court of Appeals upheld denial of the petition. Thomas v. State, 134 F.3d 383 (10th Cir. 1998) (unpublished).

         Current federal habeas-corpus case.

         On December 23, 2014, Petitioner filed his current federal petition for writ of habeas corpus. (Case No. 2:14-CV-799).

         SUCCESSIVE PETITION

         Petitioner's current federal habeas case is successive, because he previously filed a federal habeas petition in Case No. 2:96-CV-575. “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 consider the ...


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