Gray v. Felker

Filing 5

ORDER DISMISSING CASE. Signed by Judge Phyllis J. Hamilton on 06/12/09. (rbe, COURT STAFF) (Filed on 6/12/2009) (Additional attachment(s) added on 6/12/2009: # 1 Certificate of Service) (rbe, COURT STAFF).

1 2 3 4 5 6 7 8 9 10 vs. D. L. RUNNELS, Warden, Respondent. / GREGORY LEE GRAY, Petitioner, No. C 09-2461 PJH (PR) ORDER OF DISMISSAL UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

United United States District Court

11
For the Northern District of California

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G:\PRO-SE\PJH\HC.09\GRAY2461.DSM.wpd

This is a habeas case brought pro se by a state prisoner. Petitioner has, however, had a previous case attacking the same judgment, Gray v. Runnels, C 01-2880 PJH (PR). That case was dismissed as barred by the statute of limitations and the dismissal was affirmed on appeal. This thus is a second or successive petition. A habeas petitioner may not file a second or successive petition unless he or she first obtains from the appropriate United States Court of Appeals an order authorizing the filing. See 28 U.S.C. § 2244(b)(3)(A). Petitioner has not obtained such an order from the Ninth Circuit. The petition is accordingly DISMISSED without prejudice to filing a new petition if petitioner obtains the necessary order. The clerk shall close the file. IT IS SO ORDERED. Dated: June 12 , 2009. PHYLLIS J. HAMILTON United States District Judge