Willey v. Price

Filing 11

ORDER DISMISSING CASE. Signed by Judge Haywood S. Gilliam, Jr. on 12/16/2015. (Attachments: # 1 Certificate/Proof of Service)(ndrS, COURT STAFF) (Filed on 12/16/2015)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 RONALD WAYNE WILLEY, Petitioner, 8 9 10 United States District Court Northern District of California 11 Case No. 15-cv-04268-HSG (PR) ORDER OF DISMISSAL v. JEROME PRICE, Warden, Respondent. 12 13 Petitioner, a state prisoner, filed this pro se petition for writ of habeas corpus pursuant to 14 28 U.S.C. § 2254. Petitioner filed a previous petition for writ of habeas corpus with this Court, 15 challenging the same conviction and sentence. See Case No. C 97-1617 CW (PR). The Court 16 denied the first petition on the merits on February 19, 1998. 17 The Court finds the present petition is a second or successive petition attacking the same 18 conviction and sentence as petitioner’s prior federal habeas petition. A successive petition may 19 not be filed in this court unless petitioner first obtains from the United States Court of Appeals for 20 the Ninth Circuit an order authorizing this Court to consider the petition. See 28 U.S.C. § 2244(b) 21 (3)(A). Petitioner has not sought or obtained such an order from the United States Court of 22 Appeals for the Ninth Circuit. Even if petitioner has new claims, he must still obtain the necessary 23 authorization under Section 2244(b) from the United States Court of Appeals before he may 24 proceed. The petition is accordingly DISMISSED without prejudice to refiling if petitioner 25 obtains the necessary order. 26 Rule 11(a) of the Rules Governing Section 2254 Cases now requires a district court to rule 27 on whether a petitioner is entitled to a certificate of appealability in the same order in which the 28 petition is decided. Petitioner has failed to make a substantial showing that a reasonable jurist 1 would find this Court’s denial of his claim on procedural grounds debatable or wrong. See Slack 2 v. McDaniel, 529 U.S. 473, 484 (2000). Consequently, no certificate of appealability is warranted 3 in this case. 4 Petitioner's in forma pauperis application (docket no. 7) is GRANTED. 5 The Clerk shall enter judgment and close the file. 6 IT IS SO ORDERED. 7 Dated: 12/16/2015 8 ________________________ HAYWOOD S. GILLIAM, JR. United States District Judge 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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