Honesto v. United States et al

Filing 4

ORDER DISMISSING CASE; GRANTING LEAVE TO PROCEED IN FORMA PAUPERIS. Signed by Judge William Alsup on 10/28/11. (Attachments: # 1 Certificate of Service)(dt, COURT STAFF) (Filed on 10/28/2011)

1
2
3
4
5
6

IN THE UNITED STATES DISTRICT COURT

7

FOR THE NORTHERN DISTRICT OF CALIFORNIA

8
PETER HONESTO,

No. C 11-5203 WHA (PR)

9
Petitioner,

ORDER OF DISMISSAL;
GRANTING LEAVE TO PROCEED
IN FORMA PAUPERIS

10
J. HARTLEY, Warden,
For the Northern District of California

United States District Court

vs.
11
12
Respondent.
13

/

(Docket No. 2)

14
Petitioner, a state prisoner proceeding pro se, has filed a second or successive petition
15
for a writ of habeas corpus pursuant to 28 U.S.C. 2254. His prior petition, like the instant
16
petition, challenged a 1987 conviction obtained in Santa Clara County Superior Court. The
17
prior petition, Honesto v. Adams, No. 06-0308 JF (PR), was dismissed as untimely. The appeal
18
from that decision is currently pending. A second or successive petition may not be filed in this
19
court unless petitioner first obtains from the United States Court of Appeals for the Ninth
20
Circuit an order authorizing this court to consider the petition. See 28 U.S.C. § 2244(b)(3)(A).
21
Petitioner has not sought or obtained such an order from the Ninth Circuit. The petition is
22
accordingly DISMISSED without prejudice to refiling if petitioner obtains the necessary order.
23
Leave to proceed in forma pauperis (docket number 2) is GRANTED.
24
The clerk shall enter judgment and close the file.
25
IT IS SO ORDERED.
26
27

Dated: October 28 , 2011.

28
G:\PRO-SE\WHA\HC.11\HONESTO5203.SUC.wpd

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE