Magee v. Adams

Filing 8

ORDER DISMISSING CASE. Signed by Judge Thelton E. Henderson on 06/16/09. (Attachments: # 1 Certificate of Service)(rbe, COURT STAFF) (Filed on 6/17/2009)

1 2 3 4 5 6 7 8 9 10 11 United States District Court For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ruchell Cinque Magee, a prisoner at California State Prison, Corcoran, and frequent litigant in federal court, has filed a second or successive pro se Petition for a Writ of Habeas Corpus under 28 U.S.C. section 2254 challenging a 1975 conviction and life sentence from the Santa Clara County Superior Court. On August 27, v. L. ADAMS, Warden Respondent. / (Doc. ## 3, 4, 5 & 7) RUCHELL CINQUE MAGEE, Petitioner, ORDER DISMISSING PETITION FOR WRIT OF HABEAS CORPUS No. C-09-2175 TEH (PR) IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

2008, this Court dismissed as successive his most recently filed habeas petition challenging his 1975 conviction and sentence. Magee v. Adams, No. C-08-3754 TEH, Doc. #4. A second or successive petition may not be filed in this Court unless Petitioner first obtains from the United States Court of Appeals for the Ninth Circuit an Order authorizing this Court to See

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consider the Petition.

See 28 U.S.C. § 2244(b)(3)(A).

Petitioner,

however, has not obtained such an order from the Ninth Circuit. Accordingly, the Petition is DISMISSED without prejudice to refiling if Petitioner obtains the requisite Order. The Clerk is directed to terminate all pending motions as moot and close the file.

IT IS SO ORDERED.

DATED

06/16/09 THELTON E. HENDERSON United States District Judge

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