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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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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MARVIN HARRIS,

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No. C 11-04304 SBA (PR)

Petitioner,

ORDER OF DISMISSAL

v.
T. VIRGA, Warden,

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Respondent.

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Petitioner, a state prisoner, filed this pro se petition for writ of habeas corpus pursuant to 28

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U.S.C. § 2254. His application for leave to proceed in forma pauperis has been granted.

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For the Northern District of California

United States District Court

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Petitioner has filed a previous petition for a writ of habeas corpus with this Court,

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challenging the same conviction and sentence. See Case Nos. C 92-2180 JPV and C 92-2181 JPV

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(consolidated cases). His first petition was considered on the merits and dismissed with prejudice in

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1992.
DISCUSSION

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The Court finds the present petition is a second or successive petition attacking the same

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conviction and sentence as Petitioner's prior federal habeas petition. A second or successive petition

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containing new claims may not be filed in the district court unless Petitioner first obtains from the

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United States Court of Appeals an order authorizing the district court to consider the petition. 28

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U.S.C. § 2244(b)(3)(A). Petitioner has not done so. Accordingly, this petition is DISMISSED

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without prejudice to filing a new habeas action if Petitioner obtains the necessary order.
CONCLUSION

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For the foregoing reasons, the petition is DISMISSED pursuant to 28 U.S.C. § 2244(b). The

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Clerk of the Court shall enter judgment in accordance with this Order, terminate all other pending

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motions (docket nos. 10, 11), and close the file. This Order terminates Docket nos. 10 and 11.

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IT IS SO ORDERED.
DATED:

2/9/12
SAUNDRA BROWN ARMSTRONG
UNITED STATES DISTRICT JUDGE

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P:\PRO-SE\SBA\HC.11\Harris4303.DISM(successive).wpd

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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

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MARVIN HARRIS,
Case Number: CV11-04304 SBA
Plaintiff,

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For the Northern District of California

United States District Court

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CERTIFICATE OF SERVICE
v.
T. VIRGA et al,
Defendant.

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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.

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Marvin Harris #D-99649
New Folsom State Prison
P.O. Box 29006
Represa, CA 95671
Dated: February 10, 2012

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Richard W. Wieking, Clerk
By: LISA R CLARK, Deputy Clerk

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P:\PRO-SE\SBA\HC.11\Harris4303.DISM(successive).wpd

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