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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1 2 3 IN THE UNITED STATES DISTRICT COURT 4 FOR THE NORTHERN DISTRICT OF CALIFORNIA 5 6 WILLIAM SOTO, G49875, 7 Petitioner, 8 vs. 9 CHRISTIAN PFEIFFER, Warden, 10 Respondent. 11 12 ) ) ) ) ) ) ) ) ) ) No. C 17-2224 CRB (PR) ORDER OF DISMISSAL (ECF No. 3) Petitioner, a state prisoner incarcerated at Kern Valley State Prison, has 13 filed a second or successive petition for a writ of habeas corpus under 28 U.S.C. 14 § 2254 challenging a 2009 conviction from Sonoma County Superior Court. His 15 first petition was dismissed on the merits on November 8, 2011. See Soto v. 16 McDonald, No. C 11-3050 CRB (PR) (N.D. Cal. Nov. 8, 2011) (order). 17 A second or successive petition may not be filed in this court unless 18 petitioner first obtains from the United States Court of Appeals for the Ninth 19 Circuit an order authorizing this court to consider the petition. See 28 U.S.C. § 20 2244(b)(3)(A). Petitioner has not obtained such an order from the Ninth Circuit. 21 The petition accordingly is DISMISSED without prejudice to refiling if petitioner 22 obtains the necessary order, but based solely on his affidavit of poverty, 23 petitioner’s request to proceed in forma pauperis (ECF No. 3) is GRANTED. 24 The clerk shall terminate all pending motions as moot and close the file. 25 SO ORDERED. 26 DATED: April 26, 2017 27 28 CHARLES R. BREYER United States District Judge G:\PRO-SE\CRB\HC.17\Soto, W.17-2224.dismissal.wpd

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