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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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RICHARD A. ROUNDTREE,
Petitioner,

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vs.

ORDER OF DISMISSAL

RICK HILL, Warden,
Respondent.

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For the Northern District of California

United States District Court

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No. C 12-4577 PJH (PR)

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This is a habeas case brought pro se by a state prisoner. Petitioner had a previous

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case, it appeared attacking the same judgment, Roundtree v. Lewis, C 03-3151 PJH (PR).

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The petition in that case was denied in an order entered on October 6, 2006. The Ninth

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Circuit denied a request for a certificate of appealability on April 17, 2007. Petitioner was

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ordered to show cause why this petition should not be dismissed as second or successive.

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Petitioner has filed a response.

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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. In his response to the order to show cause, petitioner does not address that

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this is a successive petition, rather stating that the court should review the case in the

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interest of justice. The court is unable to review the petition without an order from the Ninth

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Circuit.

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The petition is accordingly DISMISSED without prejudice to filing a new petition if

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petitioner obtains the necessary order. Because reasonable jurists would not find the

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court’s conclusion that this petition is second or successive debatable or wrong, a COA is

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DENIED. See Slack v. McDaniel, 529 U.S. 473, 483 (2000) (standard). The clerk shall

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close the file.

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IT IS SO ORDERED.
Dated: January 2, 2013.
PHYLLIS J. HAMILTON
United States District Judge

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G:\PRO-SE\PJH\HC.12\Roundtree4577.dis.wpd

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For the Northern District of California

United States District Court

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