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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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RUCHELL CINQUE MAGEE,

Case No.

15-cv-5234-TEH

Petitioner,
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v.
ORDER OF DISMISSAL

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J. SOTO,
Respondent.

United States District Court
Northern District of California

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Ruchell Cinque Magee, a prisoner at California State Prison

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- Lancaster and a frequent litigant in this Court, has filed a

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second or successive pro se Petition for a Writ of Habeas Corpus

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under 28 U.S.C. § 2254.

He seeks to proceed in forma pauperis

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under 28 U.S.C. § 1915.

Docket No. 5.

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a motion to disqualify the undersigned judge.

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Petitioner has also filed
Docket No. 2.

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This instant petition challenges Petitioner’s 1975

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conviction and life sentence from the Santa Clara Superior Court.

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His first federal Petition challenging this conviction and

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sentence was denied on May 10, 1995.

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C-93-3637 DLJ, Docket No. 42.

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federal habeas and civil rights actions attacking the same

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conviction.

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successive his most recently filed habeas petition challenging

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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

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No. 6.

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A second or successive petition may not be filed in this

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Court unless Petitioner first obtains from the United States

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Court of Appeals for the Ninth Circuit an order authorizing this

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Court to consider the petition.

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Petitioner has not obtained such an order from the Ninth Circuit.

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Accordingly, this Petition is DISMISSED without prejudice to

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refiling if Petitioner obtains the requisite Order.

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See 28 U.S.C. § 2254(b)(3)(A).

II

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For the foregoing reasons, Petitioner’s petition for writ of

United States District Court
Northern District of California

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habeas corpus is DISMISSED without prejudice to refiling if

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Petitioner obtains the requisite Order from the Ninth Circuit.

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Petitioner’s motion to disqualify the undersigned is DENIED as

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frivolous and meritless.1

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proceed in forma pauperis is GRANTED.

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reasonable jurists would not find the result here debatable, a

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certificate of appealability (“COA”) is DENIED.

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McDaniel, 529 U.S. 473, 484-85 (2000) (standard for COA).

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clerk is directed to terminate all pending motions as moot and

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close the file.

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Docket No. 2.

Docket No. 5.

Because

See Slack v.
The

IT IS SO ORDERED.
Dated: 12/08/2015

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________________________
THELTON E. HENDERSON
United States District Judge

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Petitioner’s motion to

G:\PRO-SE\TEH\HC.15\Magee5234.dis.docx

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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.
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