Hernandez v. Grounds

Filing 23

ORDER dismissing habeas petition without prejudice. Signed by Judge Thelton E. Henderson on 09/24/15. (tehlc3, COURT STAFF) (Filed on 9/24/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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RODRIGO VASQUEZ HERNANDEZ,
Petitioner,

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v.
RANDY GROUNDS,

Case No. 15-cv-03279-TEH
ORDER DISMISSING HABEAS
PETITION WITHOUT PREJUDICE

Respondent.

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Petitioner Rodrigo Vasquez Hernandez acknowledges that this is a successive

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United States District Court
Northern District of California

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petition for writ of habeas corpus. He further acknowledges that, in violation of 28 U.S.C.

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§ 2244(b)(3)(A), he filed this petition without first requesting authorization from the

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United States Court of Appeals for the Ninth Circuit. Petitioner has now requested

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authorization from the Ninth Circuit, which has yet to rule on his request, and he asks this

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Court to defer ruling until after the Ninth Circuit has reached its decision.

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However, when a petitioner “neither sought nor received authorization from the

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Court of Appeals before filing his . . . ‘second or successive’ petition challenging his

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custody, . . . the District Court [is] without jurisdiction to entertain it.” Burton v. Stewart,

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549 U.S. 147, 157 (2007) (emphasis added). Accordingly, this petition is DISMISSED

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without prejudice for lack of jurisdiction. Petitioner may re-file his petition if he

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subsequently receives authorization from the Ninth Circuit to do so.

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IT IS SO ORDERED.

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Dated: 09/24/15

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THELTON E. HENDERSON
United States District Judge