Saavedra v. Cate

Filing 3

ORDER OF DISMISSAL AND GRANTING LEAVE TO PROCEED IN FORMA PAUPERIS. Signed by Judge Thelton E. Henderson on 01/25/2012. (Attachments: # 1 Certificate/Proof of Service)(tmi, COURT STAFF) (Filed on 1/26/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
For the Northern District of California

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No. C-11-3487 TEH (PR)

ALFONSO A. SAAVEDRA,
Petitioner,

ORDER OF DISMISSAL AND GRANTING
LEAVE TO PROCEED IN FORMA
PAUPERIS

v.
MATTHEW CATE, CDCR-Director,
Respondent.

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/

Doc. #2

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Petitioner, a state prisoner presently incarcerated at

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California Men’s Colony - East, California State Prison in San Luis

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Obispo, California has filed a second or successive Petition for a

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Writ of Habeas Corpus under 28 U.S.C. § 2254, challenging a 1998

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criminal judgment from Santa Clara Superior Court.

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Doc. #1.

According to the Court’s docket, on November 26, 2001,

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Petitioner filed a Petition challenging the same judgment, and this

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Court denied relief on August 8, 2005.

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C-01-4454-TEH (PR), Doc. #39.

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was denied by the Ninth Circuit on December 12, 2006.

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See Saavedra v. Runnels, No.

Petitioner appealed, and that appeal
See Saavedra

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v. Runnels, 210 Fed. Appx. 747 (9th Cir. 2006).1

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A second or successive petition may not be filed in the

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district court unless the petitioner first obtains from the

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appropriate federal court of appeals an order authorizing the

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district court to consider the petition.

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Petitioner has not obtained an order from the Ninth Circuit

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authorizing this Court to consider the instant petition.

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Accordingly, the Petition is DISMISSED without prejudice to refiling

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if Petitioner obtains the necessary order.

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Good cause appearing, Petitioner’s in forma pauperis
application is GRANTED.

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28 U.S.C. § 2244(b)(3)(A).

Doc. #2.

The Clerk shall terminate any pending motions as moot and
close the file.

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IT IS SO ORDERED.

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DATED

01/25/2012
THELTON E. HENDERSON
United States District Judge

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G:\PRO-SE\TEH\HC.11\Saavedra-11-3487-dismissal-successive.wpd

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United States Court of Appeals, Ninth Circuit, Rule 36-3(ii)
prohibits citations of unpublished dispositions and orders issued
before January 1, 2007, except when cited for factual purposes, as is
the case here. 9th Cir. R. 36-3(ii).

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