Green v. Knipp

Filing 6

ORDER DISMISSING CASE and granting 5 MOTION for Leave to Proceed in forma pauperis filed by Cedric T. Green. Signed by Judge Charles R. Breyer on 11/8/2013. (Attachments: # 1 Certificate/Proof of Service)(beS, COURT STAFF) (Filed on 11/13/2013)

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1 2 IN THE UNITED STATES DISTRICT COURT 3 FOR THE NORTHERN DISTRICT OF CALIFORNIA 4 5 CEDRIC T. GREEN, K-93505, 6 Petitioner, 7 vs. 8 WILLIAM KNIPP, Warden, 9 Respondent. 10 11 ) ) ) ) ) ) ) ) ) ) No. C 13-4667 CRB (PR) ORDER OF DISMISSAL (Docket #5) Petitioner, a state prisoner at Mule Creek State Prison, has filed a second 12 or successive petition for a writ of habeas corpus under 28 U.S.C. § 2254 13 challenging a 1998 conviction from San Mateo County Superior Court. His first 14 petition was dismissed as untimely on October 22, 2003. See Green v. Knowles, 15 No. C 02-5455 CRB (PR) (N.D. Cal. October 22, 2003) (order granting 16 respondent’s motion to dismiss). 17 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. 23 24 25 Based solely on his affidavit of poverty, petitioner’s request to proceed in forma pauperis (docket #5) is GRANTED. The clerk shall enter judgment and close the file. 26 SO ORDERED. 27 DATED: Nov. 8, 2013 28 G:\PRO-SE\CRB\HC.13\Green, C1.13-4667.dismissal.wpd CHARLES R. BREYER United States District Judge

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