Norbert v. Swarthout

Filing 5

ORDER OF DISMISSAL, ***Civil Case Terminated. Signed by Judge Phyllis J. Hamilton on 1/3/12. (Attachments: # 1 Certificate/Proof of Service)(nah, COURT STAFF) (Filed on 1/3/2012)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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LYLE NORBERT,
Petitioner,

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vs.

ORDER OF DISMISSAL

GARY SWARTHOUT, Warden,
Respondent.

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For the Northern District of California

United States District Court

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No. C 11-5329 PJH (PR)

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This is a habeas case brought pro se by a state prisoner. Petitioner has, however,

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had a previous case attacking the same judgment, Norbert v. Felker, C 07-2074 MMC, in

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which he was represented by counsel. The petition in that case was denied in an order

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entered on November 18, 2008. The court denied a certificate of appealability (“COA”) and

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the United States Court of Appeals for the Ninth Circuit also denied a COA, terminating the

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appeal.

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A habeas petitioner may not file a second or successive petition unless he or she

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first obtains from the appropriate United States Court of Appeals an order authorizing the

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filing. See 28 U.S.C. § 2244(b)(3)(A). Petitioner has not obtained such an order from the

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Ninth Circuit. The petition accordingly is DISMISSED without prejudice to filing a new

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petition if petitioner obtains the necessary order.

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The clerk shall close the file.

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IT IS SO ORDERED.

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Dated: January 3, 2012.
PHYLLIS J. HAMILTON
United States District Judge

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P:\PRO-SE\PJH\HC.11\NORBERT5329.dismiss 2d.wpd