Soto v. Sonoma County

Filing 3

ORDER OF DISMISSAL. Signed by Judge Charles R. Breyer on 2/21/2012. (Attachments: # 1 Certificate of Service)(beS, COURT STAFF) (Filed on 2/23/2012)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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WILLIAM SOTO, G-49875,
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Petitioner,
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vs.
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MIKE McDONALD, Warden,
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Respondent.
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No. C 12-0718 CRB (PR)
ORDER OF DISMISSAL

Petitioner, a state prisoner incarcerated at High Desert State Prison, has

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filed a second or successive petition for a writ of habeas corpus under 28 U.S.C.

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§ 2254. His first petition was dismissed on the merits on November 8, 2011. See

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Soto v. McDonald, No. C 11-3050 CRB (PR) (N.D. Cal. Nov. 8, 2011) (order of

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dismissal).

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A second or successive petition may not be filed in this court unless

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petitioner first obtains from the United States Court of Appeals for the Ninth

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Circuit an order authorizing this court to consider the petition. See 28 U.S.C. §

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2244(b)(3)(A). Petitioner has not obtained such an order from the Ninth Circuit.

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The petition accordingly is DISMISSED without prejudice to refiling if petitioner

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obtains the necessary order.

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The clerk shall terminate all pending motions as moot and close the file.

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SO ORDERED.

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DATED: Feb. 21, 2012

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CHARLES R. BREYER
United States District Judge
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