Soja v. Miller
Filing
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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)
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*E-Filed 12/16/11*
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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United States District Court
For the Northern District of California
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SAN FRANCISCO DIVISION
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ORDER OF DISMISSAL
Petitioner,
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No. C 11-6288 RS (PR)
JEANNE MARIE SOJA,
v.
WALTER MILLER, Warden,
Respondent.
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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.
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DISCUSSION
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In the instant petition, petitioner challenges a 2004 conviction she received in the
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Monterey County Superior Court. In 2009, petitioner filed a petition in this Court (No.
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09-3348 RS) in which she challenged the same conviction. The 2009 petition was dismissed
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as untimely. The instant petition, then, is second or successive to the 2009 habeas petition.
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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
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§ 2244(b)(3)(A). Because petitioner has not shown that she has received such authorization,
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the instant petition must be dismissed as second or successive to the prior-filed 2009 petition.
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Accordingly, the petition is DISMISSED WITH PREJUDICE.
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A certificate of appealability will not issue. Reasonable jurists would not “find the
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district court’s assessment of the constitutional claims debatable or wrong.” Slack v.
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McDaniel, 529 U.S. 473, 484 (2000). Petitioner may seek a certificate of appealability from
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the Court of Appeals.
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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.
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IT IS SO ORDERED.
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DATED: December 16, 2011
RICHARD SEEBORG
United States District Judge
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No. C 11-6288 RS (PR)
ORDER OF DISMISSAL
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