Rogers v. Galaza

Full title: MICHAEL RAY ROGERS, Petitioner, v. GEORGE GALAZA, Warden, Respondent

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

Date published: Jul 31, 2003

No. C 03-340 1 VRW (PR) (N.D. Cal. Jul. 31, 2003)

Opinion

No. C 03-340 1 VRW (PR).

July 31, 2003.

VAUGHN R. WALKER, United States District Judge

ORDER OF DISMISSAL (Doc #2)

Petitioner, a state prisoner incarcerated at California State Prison, Corcoran, has filed a second or successive petition for a writ of habeas corpus under 28 U.S.C. § 2254. His first petition was dismissed with prejudice because it was time-barred under 28 U.S.C. § 2244(d). SeeRogers v Galaza, No C 00-2074 VRW (PR) (ND Cal Mar 15, 2001) (order granting motion to dismiss).

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 and terminate all pending motions (see, e.g., doc #2) as moot. No fee is due.

SO ORDERED.