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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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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Petitioner, a state prisoner incarcerated at California State Prison,

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Sacramento, has filed a second or successive petition for a writ of habeas corpus

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under 28 U.S.C. § 2254. His first petition was denied on the merits on May 1,

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2009. See Haney v. Adams, No. C 07-4682 (N.D. Cal. May 1, 2009) (order).

MONTE L. HANEY, V-72062,
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Petitioner,
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vs.
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D. G. ADAMS, Warden,
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Respondent.

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No. C 12-6535 CRB (PR)
ORDER OF DISMISSAL
(Docket # 2)

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. But based solely on his affidavit of poverty,

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petitioner's motion to proceed in forma pauperis (docket # 2) is granted.

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The clerk shall close the file.

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SO ORDERED.

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DATED: Jan. 3, 2013

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CHARLES R. BREYER
United States District Judge
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