Haney v. Adams

Filing 4

ORDER OF DISMISSAL and granting: 2 MOTION for Leave to Proceed in forma pauperis filed by Monte L. Haney. Signed by Judge Charles R. Breyer on 1/3/2013. (Attachments: # 1 Certificate/Proof of Service)(beS, COURT STAFF) (Filed on 1/7/2013)

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1 2 3 4 IN THE UNITED STATES DISTRICT COURT 5 FOR THE NORTHERN DISTRICT OF CALIFORNIA 6 7 12 ) ) ) ) ) ) ) ) ) ) 13 Petitioner, a state prisoner incarcerated at California State Prison, 14 Sacramento, has filed a second or successive petition for a writ of habeas corpus 15 under 28 U.S.C. § 2254. His first petition was denied on the merits on May 1, 16 2009. See Haney v. Adams, No. C 07-4682 (N.D. Cal. May 1, 2009) (order). MONTE L. HANEY, V-72062, 8 Petitioner, 9 vs. 10 D. G. ADAMS, Warden, 11 Respondent. 17 No. C 12-6535 CRB (PR) ORDER OF DISMISSAL (Docket # 2) A second or successive petition may not be filed in this court unless 18 petitioner first obtains from the United States Court of Appeals for the Ninth 19 Circuit an order authorizing this court to consider the petition. See 28 U.S.C. § 20 2244(b)(3)(A). Petitioner has not obtained such an order from the Ninth Circuit. 21 The petition accordingly is DISMISSED without prejudice to refiling if petitioner 22 obtains the necessary order. But based solely on his affidavit of poverty, 23 petitioner's motion to proceed in forma pauperis (docket # 2) is granted. 24 The clerk shall close the file. 25 SO ORDERED. 26 DATED: Jan. 3, 2013 27 28 CHARLES R. BREYER United States District Judge G:\PRO-SE\CRB\HC.12\Haney, M.12-6535.dismissal.wpd

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