Harris v. Virga

Filing 12

ORDER DISMISSING CASE. Signed by Judge ARMSTRONG on 2/9/12. (lrc, COURT STAFF) (Filed on 2/10/2012)

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1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 MARVIN HARRIS, 4 5 6 No. C 11-04304 SBA (PR) Petitioner, ORDER OF DISMISSAL v. T. VIRGA, Warden, 7 Respondent. / 8 Petitioner, a state prisoner, filed this pro se petition for writ of habeas corpus pursuant to 28 9 U.S.C. § 2254. His application for leave to proceed in forma pauperis has been granted. 11 For the Northern District of California United States District Court 10 Petitioner has filed a previous petition for a writ of habeas corpus with this Court, 12 challenging the same conviction and sentence. See Case Nos. C 92-2180 JPV and C 92-2181 JPV 13 (consolidated cases). His first petition was considered on the merits and dismissed with prejudice in 14 1992. DISCUSSION 15 16 The Court finds the present petition is a second or successive petition attacking the same 17 conviction and sentence as Petitioner's prior federal habeas petition. A second or successive petition 18 containing new claims may not be filed in the district court unless Petitioner first obtains from the 19 United States Court of Appeals an order authorizing the district court to consider the petition. 28 20 U.S.C. § 2244(b)(3)(A). Petitioner has not done so. Accordingly, this petition is DISMISSED 21 without prejudice to filing a new habeas action if Petitioner obtains the necessary order. CONCLUSION 22 23 For the foregoing reasons, the petition is DISMISSED pursuant to 28 U.S.C. § 2244(b). The 24 Clerk of the Court shall enter judgment in accordance with this Order, terminate all other pending 25 motions (docket nos. 10, 11), and close the file. This Order terminates Docket nos. 10 and 11. 26 27 IT IS SO ORDERED. DATED: 2/9/12 SAUNDRA BROWN ARMSTRONG UNITED STATES DISTRICT JUDGE 28 P:\PRO-SE\SBA\HC.11\Harris4303.DISM(successive).wpd 1 2 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 4 MARVIN HARRIS, Case Number: CV11-04304 SBA Plaintiff, 5 6 7 8 9 11 For the Northern District of California United States District Court 10 12 CERTIFICATE OF SERVICE v. T. VIRGA et al, Defendant. / 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 February 10, 2012, 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. 13 14 15 16 17 Marvin Harris #D-99649 New Folsom State Prison P.O. Box 29006 Represa, CA 95671 Dated: February 10, 2012 18 Richard W. Wieking, Clerk By: LISA R CLARK, Deputy Clerk 19 20 21 22 23 24 25 26 27 28 P:\PRO-SE\SBA\HC.11\Harris4303.DISM(successive).wpd 2

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