Cooper v. Curry

Filing 12

ORDER Denying Petitioner's Motion For Stay Of Judgment (Doc. 11 ), signed by District Judge Lawrence J. O'Neill on 4/26/2010. (Scrivner, E)

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U . S . D is t r ic t C o u r t E. D . C a lifo r n ia cd

UNITED STATES DISTRICT COURT

JAMES E. COOPER, Petitioner, v. B. CURRY, Warden, Respondent. )

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1:10-CV-00255 LJO GSA HC ORDER DENYING PETITIONER'S MOTION FOR STAY OF JUDGMENT [Doc. #11]

Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. On April 12, 2010, the undersigned issued an Order dismissing the petition as successive. Judgment was entered the same date. On April 19, 2010, Petitioner filed a motion for stay of judgment until he receives permission to file a successive petition from the Ninth Circuit Court of Appeals. Petitioner's motion will be denied. Under 28 U.S.C. § 2241(b)(3)(A), Petitioner must move in the Ninth Circuit Court of Appeals for an order authorizing a successive application "[b]efore a second or successive application . . . is filed. (italics added.) Accordingly, Petitioner's motion for stay of judgment is hereby DENIED. IT IS SO ORDERED. Dated: b9ed48 April 26, 2010 /s/ Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE

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