James Edward Lawrence v. Ron Rackley

Filing 6

ORDER Referring Second-or-Successive Habeas Corpus Petition to U.S. Court of Appeals per Ninth Circuit Rule 22-3(a); Dismissing Said Habeas Petition Without Prejudice for Lack of Subject-Matter Jurisdiction; and Denying a Certificate of Appealability by Judge Valerie Baker Fairbank. Pursuant to 9th Cir. R. 22-3(a), the Court REFERS this matter to the U.S. Court of Appeals for the Ninth Circuit for consideration as an application for leave to file a second-or-successive habeas petition. This act ion is then DISMISSED without prejudice due to petitioner's failure to obtain leave from the Ninth Circuit to file a second-or-successive habeas corpus petition in this Court. A Certificate of Appealability is DENIED. This is a final order, but it will not be appealable unless petitioner obtains a certificate of appealability from the U.S. Court of Appeals. As required by FED. R. CIV. P. 58(a), final judgment will be issued by separate document. IT IS SO ORDERED. re Petition for Writ of Habeas Corpus (2254), 1 . (See Order for Further Details) (Attachments: # 1 Petition) (kl)