Opinion
No. C 02-4133 MMC (PR)
October 2, 2002
ORDER OF DISMISSAL
Tony Mendoza, a California prisoner, filed this pro se habeas corpus petition pursuant to 28 U.S.C. § 2254, challenging a 1997 conviction and sentence obtained in the Santa Clara County Superior Court. Prior to filing the instant petition, petitioner filed in this Court a petition challenging the same conviction and sentence. See Mendoza v. Knowles, No. 02-16-0113 MMC (PR) (N.D.Cal. Feb. 15, 2002). That petition was dismissed for failure to state a cognizable claim for federal habeas relief.
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.
IT IS SO ORDERED.