Magee v. Soto

Filing 6

ORDER OF DISMISSAL. Signed by Judge Thelton E. Henderson on 12/08/2015. (Attachments: # 1 Certificate/Proof of Service)(tmiS, COURT STAFF) (Filed on 12/10/2015)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 RUCHELL CINQUE MAGEE, Case No. 15-cv-5234-TEH Petitioner, 8 v. ORDER OF DISMISSAL 9 10 J. SOTO, Respondent. United States District Court Northern District of California 11 12 13 Ruchell Cinque Magee, a prisoner at California State Prison 14 - Lancaster and a frequent litigant in this Court, has filed a 15 second or successive pro se Petition for a Writ of Habeas Corpus 16 under 28 U.S.C. § 2254. He seeks to proceed in forma pauperis 17 under 28 U.S.C. § 1915. Docket No. 5. 18 a motion to disqualify the undersigned judge. 19 20 Petitioner has also filed Docket No. 2. I This instant petition challenges Petitioner’s 1975 21 conviction and life sentence from the Santa Clara Superior Court. 22 His first federal Petition challenging this conviction and 23 sentence was denied on May 10, 1995. 24 C-93-3637 DLJ, Docket No. 42. 25 federal habeas and civil rights actions attacking the same 26 conviction. 27 successive his most recently filed habeas petition challenging 28 this conviction. See Magee v. Marshall, No. Petitioner has since filed many On August 19, 2011, this Court dismissed as See Magee v. Smith, No. C-11-2810 TEH, Docket 1 No. 6. 2 A second or successive petition may not be filed in this 3 Court unless Petitioner first obtains from the United States 4 Court of Appeals for the Ninth Circuit an order authorizing this 5 Court to consider the petition. 6 Petitioner has not obtained such an order from the Ninth Circuit. 7 Accordingly, this Petition is DISMISSED without prejudice to 8 refiling if Petitioner obtains the requisite Order. 9 See 28 U.S.C. § 2254(b)(3)(A). II 10 For the foregoing reasons, Petitioner’s petition for writ of United States District Court Northern District of California 11 habeas corpus is DISMISSED without prejudice to refiling if 12 Petitioner obtains the requisite Order from the Ninth Circuit. 13 Petitioner’s motion to disqualify the undersigned is DENIED as 14 frivolous and meritless.1 15 proceed in forma pauperis is GRANTED. 16 reasonable jurists would not find the result here debatable, a 17 certificate of appealability (“COA”) is DENIED. 18 McDaniel, 529 U.S. 473, 484-85 (2000) (standard for COA). 19 clerk is directed to terminate all pending motions as moot and 20 close the file. 21 22 Docket No. 2. Docket No. 5. Because See Slack v. The IT IS SO ORDERED. Dated: 12/08/2015 23 ________________________ THELTON E. HENDERSON United States District Judge 24 25 Petitioner’s motion to G:\PRO-SE\TEH\HC.15\Magee5234.dis.docx 26 1 27 28 A majority of Petitioner’s cases seek to disqualify the presiding judge. Petitioner recently filed a case and sought to disqualify all judge in the Central District of California. See Magee v. Soto, No. C-15-3289 TEH. 2

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