Roundtree v. Hill

Filing 9

ORDER OF DISMISSAL, ***Civil Case Terminated. Signed by Judge Phyllis J. Hamilton on 1/2/13. (Attachments: # 1 Certificate/Proof of Service)(nah, COURT STAFF) (Filed on 1/2/2013)

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1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 OAKLAND DIVISION 6 7 RICHARD A. ROUNDTREE, Petitioner, 8 9 vs. ORDER OF DISMISSAL RICK HILL, Warden, Respondent. 11 For the Northern District of California United States District Court 10 No. C 12-4577 PJH (PR) / 12 13 This is a habeas case brought pro se by a state prisoner. Petitioner had a previous 14 case, it appeared attacking the same judgment, Roundtree v. Lewis, C 03-3151 PJH (PR). 15 The petition in that case was denied in an order entered on October 6, 2006. The Ninth 16 Circuit denied a request for a certificate of appealability on April 17, 2007. Petitioner was 17 ordered to show cause why this petition should not be dismissed as second or successive. 18 Petitioner has filed a response. 19 A habeas petitioner may not file a second or successive petition unless he or she 20 first obtains from the appropriate United States Court of Appeals an order authorizing the 21 filing. See 28 U.S.C. § 2244(b)(3)(A). Petitioner has not obtained such an order from the 22 Ninth Circuit. In his response to the order to show cause, petitioner does not address that 23 this is a successive petition, rather stating that the court should review the case in the 24 interest of justice. The court is unable to review the petition without an order from the Ninth 25 Circuit. 26 The petition is accordingly DISMISSED without prejudice to filing a new petition if 27 petitioner obtains the necessary order. Because reasonable jurists would not find the 28 court’s conclusion that this petition is second or successive debatable or wrong, a COA is 1 DENIED. See Slack v. McDaniel, 529 U.S. 473, 483 (2000) (standard). The clerk shall 2 close the file. 3 4 IT IS SO ORDERED. Dated: January 2, 2013. PHYLLIS J. HAMILTON United States District Judge 5 6 G:\PRO-SE\PJH\HC.12\Roundtree4577.dis.wpd 7 8 9 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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