Mark Wayne Rathbun v. K. Allison, 2:21-cv-03252

Petitioner Mark Wayne Rathbun was convicted in 2004 of multiple sex and related offenses and, based on a prior strike, was sentenced to 1040 years to life.
The California Court of Appeal affirmed the judgment but remanded for re-sentencing; the California Supreme Court denied review in 2007.
Petitioner filed a federal habeas petition in 2008 in the Central District of California; that petition was denied on the merits and a certificate of appealability was denied in 2010.
Petitioner filed a second federal habeas petition in April 2021 challenging the same 2004 conviction and sentence.
Under 28 U.S.C. § 2244(b)(3)(A), a petitioner must obtain authorization from the appropriate court of appeals before filing a second or successive habeas petition in district court.
Because Rathbun did not obtain Ninth Circuit authorization, the district court concluded it lacked jurisdiction and dismissed the petition without prejudice; the Clerk was directed to mail Ninth Circuit Form 12 so Rathbun may apply for leave to file a successive petition.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the district court has jurisdiction to hear a second or successive habeas petition without prior appellate authorization	Rathbun sought consideration of his new petition in district court (implicitly contending district court could hear it)	Absent Ninth Circuit authorization under § 2244(b)(3)(A), the district court lacks jurisdiction to consider a successive petition	The court held it lacked jurisdiction and dismissed the petition without prejudice; authorization must first be obtained from the Ninth Circuit
Whether the district court should refer or transfer the petition to the Ninth Circuit under Ninth Circuit Rule 22-3(a) or the interests of justice	Rathbun could be entitled to a referral or transfer so his claims get reviewed	The circumstances did not show a mistaken filing or that referral would serve the interests of justice	The court declined to refer or transfer but directed the Clerk to mail Form 12 so Rathbun may apply to the Ninth Circuit

Magwood v. Patterson, 561 U.S. 320 (establishing that district courts lack jurisdiction over successive habeas petitions without appellate authorization)
Burton v. Stewart, 549 U.S. 147 (confirming district courts must dismiss successive habeas petitions filed without prior authorization)
Cooper v. Calderon, 274 F.3d 1270 (9th Cir.) (discussing application of the successive-petition bar and requirement of appellate authorization)