Soto v. Warden of Kern Valley State Prison

Filing 4

ORDER OF DISMISSAL. Signed by Judge Charles R. Breyer on 4/26/2017. (Attachments: # 1 Certificate/Proof of Service)(lsS, COURT STAFF) (Filed on 4/26/2017)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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WILLIAM SOTO, G49875,
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Petitioner,
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vs.
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CHRISTIAN PFEIFFER, Warden,
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Respondent.
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No. C 17-2224 CRB (PR)
ORDER OF DISMISSAL
(ECF No. 3)

Petitioner, a state prisoner incarcerated at Kern Valley State Prison, has

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filed a second or successive petition for a writ of habeas corpus under 28 U.S.C.

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§ 2254 challenging a 2009 conviction from Sonoma County Superior Court. His

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first petition was dismissed on the merits on November 8, 2011. See Soto v.

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McDonald, No. C 11-3050 CRB (PR) (N.D. Cal. Nov. 8, 2011) (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, but based solely on his affidavit of poverty,

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petitioner’s request to proceed in forma pauperis (ECF No. 3) is GRANTED.

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The clerk shall terminate all pending motions as moot and close the file.

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SO ORDERED.

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DATED: April 26, 2017

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CHARLES R. BREYER
United States District Judge
G:\PRO-SE\CRB\HC.17\Soto, W.17-2224.dismissal.wpd