Torres v. Scribner

Full title: DANNY TORRES, JR., Petitioner, v. A.K. SCRIBNER, Warden, Respondent

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

Date published: Aug 11, 2004

No. C 04-1054 VRW (PR) (N.D. Cal. Aug. 11, 2004)

Opinion

No. C 04-1054 VRW (PR).

August 11, 2004

ORDER OF DISMISSAL (Doc # 2).

VAUGHN WALKER, District Judge

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 USC § 2254. His first petition was denied on the merits on January 12, 2001. See Torres v. Mueller, No C 00-1714 VRW (ND Cal Jan 12, 2001) (order).

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 deny all pending motions (see, eg, doc # 2) as moot.

SO ORDERED.