Watson v. Price

Filing 12

ORDER signed by Magistrate Judge Gregory G. Hollows on 3/9/15 ORDERING that The Clerk of the Court is directed to transfer petitioners motion for authorization pursuant to 28 U.S.C. § 2244(b)(3), filed February 18, 2015, (ECF No. 9 ), to the United States Court of Appeals for the Ninth Circuit.(Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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NYLES LAWAYNE WATSON,

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No. 2:14-cv-2929 MCE GGH P

Petitioner,

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v.

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J. PRICE,

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ORDER

Respondent.

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Petitioner, a state prisoner proceeding pro se, is proceeding with an application for a writ

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of habeas corpus pursuant to 28 U.S.C. § 2254. On February 18, 2015, petitioner filed a motion

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entitled “motion to move United States Court of Appeals for the Ninth Circuit for an order

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authorizing the district court to consider the application pursuant to: 28 U.S.C. 2244(b)(3) For

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relief from judgment under Federal Rules of Court Civil Procedure 60(b)(2), (5).” On March 4,

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2015, this action was dismissed and judgment was entered.

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Although petitioner’s motion was premature at the time it was filed, it may now be

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considered. It appears from the face page of this motion that petitioner intended this filing for the

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Ninth Circuit Court of Appeals, and sent it there for filing, as it was received by that court on

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February 18, 2015, while the current action was still pending. Now that judgment has been

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entered, and pursuant to 28 U.S.C. § 2244(b)(3), petitioner’s motion for permission to file a

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second or successive application may be considered by the Court of Appeals.
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Accordingly, IT IS ORDERED that: The Clerk of the Court is directed to transfer

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petitioner’s motion for authorization pursuant to 28 U.S.C. § 2244(b)(3), filed February 18, 2015,

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(ECF No. 9), to the United States Court of Appeals for the Ninth Circuit.

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Dated: March 9, 2015

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/s/ Gregory G. Hollows

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UNITED STATES MAGISTRATE JUDGE

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GGH:076/Wats2929.2244(b)(3)

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