Daniels v. Valadez

Full title: JACK DANIELS, Petitioner, v. J. VALADEZ, Acting Warden, Respondent

Court: United States District Court, N.D. California

Date published: Mar 4, 2003

No. C 03-0790 CRB (PR) (N.D. Cal. Mar. 4, 2003)

Opinion

No. C 03-0790 CRB (PR).

March 4, 2003

ORDER OF DISMISSAL

CHARLES R. BREYER, United States District Judge

Petitioner, a state prisoner incarcerated at the California Medical Facility in Vacaville, has filed a second or successive petition for a writ of habeas corpus under 28 U.S.C. § 2254. His first petition was denied on the merits on March 6, 2002. See Daniels v. Duncan, No. C 02-0996 CRB (PR) (N.D. Cal. Mar. 6, 2002) (order).

A second or successive petition may not be filed in this court unless petitioner first obtains from the United States Court of Appeals for the Ninth Circuit an order authorizing this court to consider the petition.See 28 U.S.C. § 2244(b)(3)(A). Petitioner has not obtained such an order from the Ninth Circuit. The petition accordingly is DISMISSED without prejudice to refiling if petitioner obtains the necessary order.

The Clerk shall close the file an terminate all pending motions as moot.

SO ORDERED.