Opinion
No. C 03-4687 MMC (PR)
December 11, 2003
ORDER OF DISMISSAL
Bruce James Bonney ("petitioner"), a California prisoner, filed this pro se habeas corpus petition pursuant to 28 U.S.C. § 2254, challenging a 2001 conviction obtained in the Sonoma County Superior Court. Prior to filing the instant petition, petitioner filed in this district a petition challenging the same conviction and sentence.See Bryant v. Carey, No. 03-4687 MMC (PR). That petition is currently pending.
A second or successive petition may not be filed in the district court unless the petitioner first obtains from the United States Court of Appeals an order authorizing the district court to consider the petition.See 28 U.S.C. § 2244(b)(3)(A). Petitioner has not sought or obtained from the United States Court of Appeals for the Ninth Circuit an order under 28 U.S.C. § 2244(b)(3)(A) authorizing him to file a second or successive petition in this court. Accordingly, the instant petition is DISMISSED without prejudice to refiling if petitioner obtains the necessary order.
The Clerk shall close the file and terminate any pending motions.
IT IS SO ORDERED.
JUDGMENT IN A CIVIL CASE
Jury Verdict This action came before the Court for a trial by jury. The issues have been tried and the jury has rendered its verdict.
Decision by Court. This action came to trial or hearind before the Court. The issues have been tried or heard and a decision has been rendered.
IT IS ORDERED AND ADJUSTED the instant petition is DISMISSED without prejudice to refiling if petitioner obtains the necessary order.