Opinion
No. C 11-1237 PJH (PR)
11-14-2011
ROBERT A. SANCHEZ, Petitioner, v. FRANCISCO JACQUEZ, Warden, Respondent.
ORDER OF DISMISSAL
This is a habeas case brought pro se by a state prisoner. Respondent has moved to dismiss, pointing out that the judgment attacked and the claims presented in this petition are the same as those already before the court in Sanchez v. Jacquez, C 10-5561 PJH (PR). The motion is unopposed.
A habeas petitioner may not file a second or successive petition unless he or she first obtains from the appropriate United States Court of Appeals an order authorizing the filing. See 28 U.S.C. § 2244(b)(3)(A). Petitioner has not obtained such an order from the Ninth Circuit. The petition in this case accordingly is DISMISSED without prejudice.
Because reasonable jurists would not find the court's ruling debatable or wrong, a certificate of appealability is DENIED. See Rule 11(a), Rules Governing § 2254 Cases, 28 U.S.C. foll. § 2254; see also 28 U.S.C. § 2253(c) (COA requirement); Slack v. McDaniel, 529 U.S. 473, 483 (2000) (standard). The clerk shall close the file.
IT IS SO ORDERED.
PHYLLIS J. HAMILTON
United States District Judge