Soto v. Sonoma County
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)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
WILLIAM SOTO, G-49875,
MIKE McDONALD, Warden,
No. C 12-0718 CRB (PR)
ORDER OF DISMISSAL
Petitioner, a state prisoner incarcerated at High Desert State Prison, has
filed a second or successive petition for a writ of habeas corpus under 28 U.S.C.
§ 2254. His first petition was dismissed on the merits on November 8, 2011. See
Soto v. McDonald, No. C 11-3050 CRB (PR) (N.D. Cal. Nov. 8, 2011) (order of
A second or successive petition may not be filed in this court unless
petitioner first obtains from the United States Court of Appeals for the Ninth
Circuit an order authorizing this court to consider the petition. See 28 U.S.C. §
2244(b)(3)(A). Petitioner has not obtained such an order from the Ninth Circuit.
The petition accordingly is DISMISSED without prejudice to refiling if petitioner
obtains the necessary order.
The clerk shall terminate all pending motions as moot and close the file.
DATED: Feb. 21, 2012
CHARLES R. BREYER
United States District Judge
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