Dalton v. United States of America

Filing 12

ORDER DENYING PETITIONER'S MOTION FOR SUMMARY JUDGMENT (SI, COURT STAFF) (Filed on 2/9/2009)

1 2 3 4 5 6 7 8 9 10 United United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: February 9, 2009 SUSAN ILLSTON United States District Judge IT IS SO ORDERED. v. UNITED STATES OF AMERICA, Plaintiff/Respondent. / JOHN DALTON, Defendant/Petitioner, No. C 02-4949 SI No. CR 96-0276 SI ORDER DENYING PETITIONER'S MOTION FOR SUMMARY JUDGMENT IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

John Dalton has filed a motion for summary judgment related to his 1996 criminal conviction. This motion is a direct attack on his now final criminal conviction and is properly brought through a petition for habeas corpus. Mr. Dalton is referred to the Court's January 26, 2009 Order, at 3 [Docket No. 659] for instructions on obtaining an order from the United States Court of Appeals for the Ninth Circuit authorizing this Court to consider this, the most recent of his successive habeas petitions. This action is DISMISSED without prejudice to Mr. Dalton filing a petition in this Court after he obtains the necessary order from the Court of Appeals for the Ninth Circuit.