Bouie v. Board of Parole Hearings

Filing 64

ORDER signed by Senior Judge Morrison C. England, Jr on 8/25/2021 DENYING 62 Motion for Relief. (Mena-Sanchez, L)

Case 2:12-cv-01221-MCE-AC Document 64 Filed 08/25/21 Page 1 of 1
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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DIRK JAONG BOUIE, JR.,

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No. 2:12-cv-1221 MCE AC P

Petitioner,
v.

ORDER

BOARD OF PAROLE HEARINGS,
Respondent.

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Petitioner has filed a motion for relief pursuant to Federal Rule of Civil Procedure 60(b) in

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which he seeks to have this court vacate a Ninth Circuit order denying his application for leave to

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file a second or successive petition for writ of habeas corpus. ECF No. 62. This Court does not

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have the authority to vacate a Ninth Circuit order and it cannot consider a second or successive

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petition until such time as petitioner receives the authorization of the Ninth Circuit. See Felker v.

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Turpin, 518 U.S. 651, 657 (1996) (second or successive application for habeas relief may not be

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filed in district court without prior authorization by the court of appeals). Accordingly, IT IS

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HEREBY ORDERED that petitioner’s motion for relief, ECF No. 62, is DENIED.

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IT IS SO ORDERED.
Dated: August 25, 2021

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