Opinion
24-CV-03725-CRB (PR)
07-29-2024
MARVIN HARRIS, D99649/2416404, Petitioner, v. DIANA BECTON, et al., Respondents.
ORDER DISMISSING PETITION FOR A WRIT OF HABEAS CORPUS AS SECOND OR SUCCESSIVE PETITION
(ECF NO. 3)
CHARLES R. BREYER UNITED STATES DISTRICT JUDGE
Petitioner has filed a second or successive petition for a writ of habeas corpus under 28 U.S.C. § 2254 challenging his 1988 conviction and life sentence from Contra Costa County Superior Court. His first petition challenging the same conviction and sentence was considered on the merits and dismissed with prejudice in 1992. See Harris v. Lungren, No. C 92-2180 JPV (N.D. Cal. Oct. 16, 1992), and Harris v. USA, No. C 92-281 JPV (N.D. Cal. Oct. 22, 1992) (consolidated cases).
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 with the necessary order from the Ninth Circuit if petitioner obtains the order.
But based on petitioner's current and prior affidavits of poverty, his request to proceed in forma pauperis (IFP) under 28 U.S.C. § 1915 is GRANTED and his motion for an extension of time (ECF No. 3) to file a prison trust account statement in support of his request to proceed IFP is DISMISSED as moot.
The clerk is instructed to close the file and terminate all pending motions as moot.
IT IS SO ORDERED.