Allen Lynn Jeffries v. M. Knowles

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously concludes this case is suitable for decision**
without oral argument. See Fed. R. App. P. 34(a)(2).
EG/Research
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
ALLEN LYNN JEFFRIES,
Petitioner - Appellant,
v.
M. KNOWLES,
Respondent - Appellee.
No. 07-56129
D.C. No. CV-06-06996-ER
MEMORANDUM*
Appeal from the United States District Court
for the Central District of California
Edward Rafeedie, District Judge, Presiding
Submitted January 11, 2010**
Before: BEEZER, TROTT, and BYBEE, Circuit Judges.
California state prisoner Allen Lynn Jeffries appeals pro se from the district
court’s judgment dismissing his 28 U.S.C. § 2254 habeas petition. We have
jurisdiction pursuant to 28 U.S.C. § 2253, and we affirm.
FILED
JAN 26 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

-- 1 of 2 --

EG/Research 07-56129 2
The district court properly dismissed Jeffries’ petition as successive because
it was his third petition challenging the Board of Prison Terms’ 2004 finding that
Jeffries was not suitable for parole, and Jeffries had not obtained an order from this
court pursuant to 28 U.S.C. § 2244(b)(3)(A). See Cooper v. Calderon, 274 F.3d
1270, 1274 (9th Cir. 2001) (per curiam). We affirm the district court.
We also construe Jeffries’ appeal as a motion for an order authorizing the
district court to consider his successive petition. See 28 U.S.C. § 2244(b)(3)(A).
So construed, we deny the motion because Jeffries fails to make “a prima facie
showing that the application satisfies the requirements of” § 2244(b)(2). See 28
U.S.C. § 2244(b)(3)(C).
AFFIRMED.

-- 2 of 2 --