Soja v. Miller

Filing 4

ORDER DISMISSING CASE. Signed by Judge Richard Seeborg on 12/16/11. (Attachments: # 1 Appendix Certificate of Service)(cl, COURT STAFF) (Filed on 12/16/2011)

Download PDF
1 2 3 *E-Filed 12/16/11* 4 5 6 7 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 United States District Court For the Northern District of California 8 SAN FRANCISCO DIVISION 11 12 15 16 ORDER OF DISMISSAL Petitioner, 13 14 No. C 11-6288 RS (PR) JEANNE MARIE SOJA, v. WALTER MILLER, Warden, Respondent. / 17 18 19 20 INTRODUCTION This is a federal habeas corpus action filed pursuant to 28 U.S.C. § 2254 by a pro se state prisoner. For the reasons stated herein, the action is DISMISSED. 21 DISCUSSION 22 In the instant petition, petitioner challenges a 2004 conviction she received in the 23 Monterey County Superior Court. In 2009, petitioner filed a petition in this Court (No. 24 09-3348 RS) in which she challenged the same conviction. The 2009 petition was dismissed 25 as untimely. The instant petition, then, is second or successive to the 2009 habeas petition. 26 27 28 In order to file a second or successive petition, the petitioner must obtain an order from the court of appeals authorizing the district court to consider the petition. See 28 U.S.C. No. C 11-6288 RS (PR) ORDER OF DISMISSAL 1 § 2244(b)(3)(A). Because petitioner has not shown that she has received such authorization, 2 the instant petition must be dismissed as second or successive to the prior-filed 2009 petition. 3 Accordingly, the petition is DISMISSED WITH PREJUDICE. 4 A certificate of appealability will not issue. Reasonable jurists would not “find the 5 district court’s assessment of the constitutional claims debatable or wrong.” Slack v. 6 McDaniel, 529 U.S. 473, 484 (2000). Petitioner may seek a certificate of appealability from 7 the Court of Appeals. 8 9 10 Petitioner’s motion to proceed in forma pauperis (Docket No. 3) is GRANTED. Petitioner’s motion for the appointment of counsel (Docket No. 2) is DENIED. The Clerk shall enter judgment in favor of respondent, terminate Docket Nos. 2 & 3) and close the file. 11 IT IS SO ORDERED. 12 DATED: December 16, 2011 RICHARD SEEBORG United States District Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 No. C 11-6288 RS (PR) ORDER OF DISMISSAL

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?