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Rogers v. Runnels

United States District Court, N.D. California
Oct 28, 2005
No C 05-4356 VRW (PR) (N.D. Cal. Oct. 28, 2005)

Opinion

No C 05-4356 VRW (PR).

October 28, 2005


ORDER OF DISMISSAL


Petitioner, a state prisoner incarcerated at High Desert State Prison in Susanville, California, has filed a second or successive petition for a writ of habeas corpus under 28 USC § 2254. His first petition was dismissed with prejudice because it was time-barred under 28 USC § 2244(d). See Rogers 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 USC § 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 as moot. No fee is due.

SO ORDERED.


Summaries of

Rogers v. Runnels

United States District Court, N.D. California
Oct 28, 2005
No C 05-4356 VRW (PR) (N.D. Cal. Oct. 28, 2005)
Case details for

Rogers v. Runnels

Case Details

Full title:MICHAEL RAY ROGERS, Petitioner, v. D L RUNNELS, Warden, Respondent

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

Date published: Oct 28, 2005

Citations

No C 05-4356 VRW (PR) (N.D. Cal. Oct. 28, 2005)