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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1 2 3 4 IN THE UNITED STATES DISTRICT COURT 5 FOR THE NORTHERN DISTRICT OF CALIFORNIA 6 7 ) ) ) ) ) ) ) ) ) ) WILLIAM SOTO, G-49875, 8 Petitioner, 9 vs. 10 MIKE McDONALD, Warden, 11 Respondent. 12 13 No. C 12-0718 CRB (PR) ORDER OF DISMISSAL Petitioner, a state prisoner incarcerated at High Desert State Prison, has 14 filed a second or successive petition for a writ of habeas corpus under 28 U.S.C. 15 § 2254. His first petition was dismissed on the merits on November 8, 2011. See 16 Soto v. McDonald, No. C 11-3050 CRB (PR) (N.D. Cal. Nov. 8, 2011) (order of 17 dismissal). 18 A second or successive petition may not be filed in this court unless 19 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. § 21 2244(b)(3)(A). Petitioner has not obtained such an order from the Ninth Circuit. 22 The petition accordingly is DISMISSED without prejudice to refiling if petitioner 23 obtains the necessary order. 24 The clerk shall terminate all pending motions as moot and close the file. 25 SO ORDERED. 26 DATED: Feb. 21, 2012 27 28 CHARLES R. BREYER United States District Judge G:\PRO-SE\CRB\HC.12\Soto, W.12-0718.dismissal.wpd

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