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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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 10 United States District Court For the Northern District of California 11 12 13 14 15 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. 16 / Doc. #2 17 18 Petitioner, a state prisoner presently incarcerated at 19 California Men’s Colony - East, California State Prison in San Luis 20 Obispo, California has filed a second or successive Petition for a 21 Writ of Habeas Corpus under 28 U.S.C. § 2254, challenging a 1998 22 criminal judgment from Santa Clara Superior Court. 23 Doc. #1. According to the Court’s docket, on November 26, 2001, 24 Petitioner filed a Petition challenging the same judgment, and this 25 Court denied relief on August 8, 2005. 26 C-01-4454-TEH (PR), Doc. #39. 27 was denied by the Ninth Circuit on December 12, 2006. 28 See Saavedra v. Runnels, No. Petitioner appealed, and that appeal See Saavedra 1 v. Runnels, 210 Fed. Appx. 747 (9th Cir. 2006).1 2 A second or successive petition may not be filed in the 3 district court unless the petitioner first obtains from the 4 appropriate federal court of appeals an order authorizing the 5 district court to consider the petition. 6 Petitioner has not obtained an order from the Ninth Circuit 7 authorizing this Court to consider the instant petition. 8 Accordingly, the Petition is DISMISSED without prejudice to refiling 9 if Petitioner obtains the necessary order. 10 11 Good cause appearing, Petitioner’s in forma pauperis application is GRANTED. 12 13 28 U.S.C. § 2244(b)(3)(A). Doc. #2. The Clerk shall terminate any pending motions as moot and close the file. 14 15 IT IS SO ORDERED. 16 17 DATED 01/25/2012 THELTON E. HENDERSON United States District Judge 18 19 20 21 22 23 G:\PRO-SE\TEH\HC.11\Saavedra-11-3487-dismissal-successive.wpd 24 25 1 27 United States Court of Appeals, Ninth Circuit, Rule 36-3(ii) prohibits citations of unpublished dispositions and orders issued before January 1, 2007, except when cited for factual purposes, as is the case here. 9th Cir. R. 36-3(ii). 28 2 26

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