Willey v. Price

Filing 14

ORDER by Judge Haywood S. Gilliam, Jr. DENYING 13 MOTION FOR LEAVE TO AMEND PETITION. (Attachments: # 1 Certificate/Proof of Service) (ndrS, COURT STAFF) (Filed on 12/29/2015)

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1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 4 RONALD WAYNE WILLEY, Petitioner, 5 6 7 8 Case No. 15-cv-04268-HSG (PR) ORDER DENYING MOTION FOR LEAVE TO AMEND PETITION v. JEROME PRICE, Warden, Re: Dkt. No. 13 Respondent. 9 10 This habeas case was opened when petitioner filed a petition for a writ of habeas corpus, United States District Court Northern District of California 11 on September 3, 2015, attacking state court convictions that occurred in 1993. On December 16, 12 2015, the Court dismissed this case, noting it was a successive petition and petitioner had not 13 obtained an order authorizing the filing from the Ninth Circuit. See 28 U.S.C. § 2244(b)(3)(A) 14 (habeas petitioner may not file second or successive petition unless United States Court of 15 Appeals issues order authorizing filing). 16 On December 18, 2015, petitioner filed a motion for leave to amend the petition to submit 17 new documentary evidence. The motion is dated December 14, 2015, which means it was 18 prepared prior the Court’s December 16, 2015 order of dismissal. 19 Petitioner’s motion for leave to amend is DENIED. Because the petition was dismissed as 20 successive, amendment to submit new evidence would be futile. Petitioner is reminded that he 21 may file an “Application for Leave to File Second or Successive Petition” in the Ninth Circuit. 22 This order terminates Docket No. 13. 23 IT IS SO ORDERED. 24 Dated: 12/29/2015 25 26 27 28 HAYWOOD S. GILLIAM, JR. United States District Judge

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