Washington v. Haviland

Filing 10

ORDER DISMISSING CASE. Signed by Judge ARMSTRONG on 5/17/10. (lrc, COURT STAFF) (Filed on 5/21/2010)

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1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2254. Before the Court is Respondent's motion to dismiss, alleging that the petition should be dismissed as a second or successive petition. Petitioner opposes the motion. The record shows that Petitioner has filed a previous petition for a writ of habeas corpus with this Court, challenging the same conviction and sentence. See Case No. C 02-2146 MJJ (PR). The Court denied the first petition on the merits. DISCUSSION The Court finds the present petition is a second or successive petition attacking the same conviction and sentence as Petitioner's prior federal habeas petition. A second or successive petition containing new claims may not be filed in the district court unless Petitioner first obtains from the United States Court of Appeals an order authorizing the district court to consider the petition. 28 U.S.C. 2244(b)(3)(A). Petitioner has not done so. Accordingly, Respondent's motion to dismiss the petition as a second or successive petition (docket no. 8) is GRANTED. The instant petition is DISMISSED without prejudice to filing a new habeas action if Petitioner obtains the necessary order. CONCLUSION For the foregoing reasons, Respondent's motion to dismiss the petition as a second or successive petition (docket no. 8) is GRANTED, and the petition is DISMISSED pursuant to 28 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA ROBERT N. WASHINGTON, Petitioner, v. JOHN W. HAVILAND, Acting Warden, Respondent. / (Docket no. 8) No. C 09-0978 SBA (PR) ORDER GRANTING MOTION TO DISMISS PETITION AS SUCCESSIVE Petitioner Robert N. Washington filed this pro se habeas corpus action pursuant to 28 U.S.C. 1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 U.S.C. 2244(b). The Court has rendered its final decision on this matter; therefore, this Order TERMINATES Petitioner's case. The Clerk of the Court shall terminate all pending motions and close the file. This Order terminates Docket no. 8. IT IS SO ORDERED. DATED: 5/17/10 SAUNDRA BROWN ARMSTRONG United States District Judge G:\PRO-SE\SBA\HC.09\Washington0978.MTD(s2 ccessive).wpd u 1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA ROBERT N. WASHINGTON, Plaintiff, v. / et al, Defendant. / Case Number: CV09-00978 SBA CERTIFICATE OF SERVICE I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on May 21, 2010, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office. Robert N. Washington P72776 California State Prison - Solano P.O. Box 4000 Vacaville, CA 945696-4000 Dated: May 21, 2010 Richard W. Wieking, Clerk By: LISA R CLARK, Deputy Clerk G:\PRO-SE\SBA\HC.09\Washington0978.MTD(s3 ccessive).wpd u

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