Green v. Knipp
Filing
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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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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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CEDRIC T. GREEN, K-93505,
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Petitioner,
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vs.
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WILLIAM KNIPP, Warden,
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Respondent.
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No. C 13-4667 CRB (PR)
ORDER OF DISMISSAL
(Docket #5)
Petitioner, a state prisoner at Mule Creek State Prison, has filed a second
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or successive petition for a writ of habeas corpus under 28 U.S.C. § 2254
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challenging a 1998 conviction from San Mateo County Superior Court. His first
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petition was dismissed as untimely on October 22, 2003. See Green v. Knowles,
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No. C 02-5455 CRB (PR) (N.D. Cal. October 22, 2003) (order granting
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respondent’s motion to dismiss).
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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.
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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.
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SO ORDERED.
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DATED: Nov. 8, 2013
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G:\PRO-SE\CRB\HC.13\Green, C1.13-4667.dismissal.wpd
CHARLES R. BREYER
United States District Judge
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