Muszynski v. Grounds

Filing 7

ORDER OF DISMISSALE and ORDER granting 4 MOTION for Leave to Proceed in forma pauperis filed by Mark S. Muszynski.. Signed by Judge Charles R. Breyer on 6/19/2012. (Attachments: # 1 Certificate/Proof of Service)(beS, COURT STAFF) (Filed on 6/20/2012)

Download PDF
1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE NORTHERN DISTRICT OF CALIFORNIA 9 10 MARK S. MUSZYNSKI, P72738, 11 Petitioner, 12 vs. 13 RANDY GROUNDS, Warden, 14 Respondent. 15 16 ) ) ) ) ) ) ) ) ) ) No. C 12-2021 CRB (PR) ORDER OF DISMISSAL (Docket # 4) Petitioner, a state prisoner at the Correctional Training Facility in Soledad, 17 California, has filed a second or successive petition for a writ of habeas corpus 18 under 28 U.S.C. § 2254. His first petition was dismissed as untimely. See 19 Muszynski v. Small, No. C 08-4244 CRB (PR) (N.D. Cal. Dec. 8, 2009) (order 20 granting motion to dismiss petition as untimely under 28 U.S.C. § 2244(d)). 21 A second or successive petition may not be filed in this court unless 22 petitioner first obtains from the United States Court of Appeals for the Ninth 23 Circuit an order authorizing this court to consider the petition. See 28 U.S.C. § 24 2244(b)(3)(A); see also McNabb v. Yates, 576 F.3d 1028, 1029 (9th Cir. 2009) (§ 25 2244(b) applies where first petition was dismissed as untimely because such 26 dismissal constitutes disposition on merits). Petitioner has not obtained such an 27 order from the Ninth Circuit. The instant petition accordingly is DISMISSED 28 without prejudice to refiling if petitioner obtains the necessary order. 1 2 3 Based solely on petitioner's affidavit of poverty, his motion (docket # 4) to proceed in forma pauperis is granted. The clerk shall terminate all pending motions as moot and close the file. 4 SO ORDERED. 5 DATED: June 19, 2012 6 CHARLES R. BREYER United States District Judge 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 G:\PRO-SE\CRB\HC.12\Muszynski, M.12-2021.dismissal.wpd 27 28 2

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?