Youngblood v. Superior Court of Butte Co. et al

Filing 9

ORDER signed by Magistrate Judge Gregory G. Hollows on 09/11/13 granting 7 Motion to Proceed IFP. This action is dismissed without prejudice. CASE CLOSED. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JESSE L. YOUNGBLOOD,

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Petitioner,

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v.

No. 2:13-cv-1490 GGH P

ORDER

SUPERIOR COURT OF BUTTE CO., et
al.,
Respondents.

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Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas

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corpus pursuant to 28 U.S.C. § 2254 together with a request to proceed in forma pauperis

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pursuant to 28 U.S.C. § 1915.

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Examination of the in forma pauperis affidavit reveals that petitioner is unable to afford

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the costs of suit. Accordingly, the request for leave to proceed in forma pauperis is granted. See

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28 U.S.C. § 1915(a).

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The court’s records reveal that petitioner has previously filed an application for a writ of

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habeas corpus attacking the conviction and sentence challenged in this case. The previous

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application was filed on May 2, 2011, and was denied on the merits on September 20, 2012. See

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Youngblood v. Donovan, 2:11-cv-1223 DAD. Before petitioner can proceed with the instant

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application, he must move in the United States Court of Appeals for the Ninth Circuit for an order
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authorizing the district court to consider the application. 28 U.S.C. § 2244(b)(3). Therefore,

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petitioner’s application must be dismissed without prejudice to its refiling upon obtaining

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authorization from the United States Court of Appeals for the Ninth Circuit.

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In accordance with the above, IT IS HEREBY ORDERED that:

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1. Petitioner’s application to proceed in forma pauperis is granted; and

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2. This action is dismissed without prejudice.

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Dated: September 11, 2013

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/s/ Gregory G. Hollows

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UNITED STATES MAGISTRATE JUDGE

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GGH:076/Youn1490.success

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