Cascio v. Taylor

Full title: WILLIAM SALVADOR CASCIO, Petitioner, v. DON TAYLOR, Warden, Respondent

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

Date published: Aug 5, 2002

No. C 02-3377 CRB (PR) (N.D. Cal. Aug. 5, 2002)

Opinion

No. C 02-3377 CRB (PR)

August 5, 2002

ORDER OF DISMISSAL

CHARLES R. BREYER, United States District Judge.

Petitioner, a state prisoner currently incarcerated at Ironwood State Prison, has filed a second or successive petition for a writ of habeas corpus under 28 U.S.C. § 2254. His first petition was filed on May 7, 2001 and recently denied on the merits. See Cascio v. Taylor, No. C-01-1772 CRB (PR) (N.D. Cal. July 31, 2002) (order denying petition for a writ of habeas corpus).

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.

SO ORDERED.