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).

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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 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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

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