Duong v. Santoro
ORDER OF DISMISSAL, granted: 4 MOTION for Leave to Proceed in forma pauperis filed by Senh Duong. Signed by Judge Charles R. Breyer on 10/14/2016. (Attachments: # 1 Certificate/Proof of Service)(beS, COURT STAFF) (Filed on 10/18/2016)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
SENH DUONG, P18489,
KELLY SANTORO, Warden,
No. C 16-5048 CRB (PR)
ORDER OF DISMISSAL
(ECF No. 4)
Petitioner, a state prisoner currently incarcerated at North Kern State
Prison, has filed a second or successive petition for a writ of habeas corpus under
28 U.S.C. § 2254. His first petition was denied on the merits on July 31, 2003.
See Duong v. McGrath, No. 03-0127 CRB (N.D. Cal. July 31, 2003) (order).
A second or successive petition may not be filed in this court unless
petitioner first obtains from the United States Court of Appeals for the Ninth
Circuit an order authorizing this court to consider the petition. See 28 U.S.C. §
2244(b)(3)(A). Petitioner has not obtained such an order from the Ninth Circuit.
The petition accordingly is DISMISSED without prejudice to refiling if petitioner
obtains the necessary order.
But based solely on petitioner’s affidavit of poverty, his application to
proceed in forma pauperis (ECF No. 4) under 28 U.S.C. § 1915 is GRANTED.
The clerk shall close the file, terminate all pending motions as moot and
enter judgment in accordance with this order.
DATED: Oct. 14, 2016
CHARLES R. BREYER
United States District Judge
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