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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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RONALD WAYNE WILLEY,
Petitioner,

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Case No. 15-cv-04268-HSG (PR)
ORDER DENYING MOTION FOR
LEAVE TO AMEND PETITION

v.
JEROME PRICE, Warden,

Re: Dkt. No. 13

Respondent.

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This habeas case was opened when petitioner filed a petition for a writ of habeas corpus,

United States District Court
Northern District of California

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on September 3, 2015, attacking state court convictions that occurred in 1993. On December 16,

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2015, the Court dismissed this case, noting it was a successive petition and petitioner had not

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obtained an order authorizing the filing from the Ninth Circuit. See 28 U.S.C. § 2244(b)(3)(A)

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(habeas petitioner may not file second or successive petition unless United States Court of

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Appeals issues order authorizing filing).

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On December 18, 2015, petitioner filed a motion for leave to amend the petition to submit

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new documentary evidence. The motion is dated December 14, 2015, which means it was

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prepared prior the Court’s December 16, 2015 order of dismissal.

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Petitioner’s motion for leave to amend is DENIED. Because the petition was dismissed as

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successive, amendment to submit new evidence would be futile. Petitioner is reminded that he

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may file an “Application for Leave to File Second or Successive Petition” in the Ninth Circuit.

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This order terminates Docket No. 13.

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IT IS SO ORDERED.

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Dated: 12/29/2015

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HAYWOOD S. GILLIAM, JR.
United States District Judge