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