Ellis v. Hill

Filing 3

ORDER DISMISSING PETITION AND GRANTING 2 LEAVE TO PROCEED IN FORMA PAUPERIS. Signed by Judge Claudia Wilken on 11/19/2012. (Attachments: # 1 Certificate/Proof of Service)(ndr, COURT STAFF) (Filed on 11/19/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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ROBERT ELLIS,
Petitioner,

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United States District Court
For the Northern District of California

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No. C 12-5673 CW (PR)
ORDER DISMISSING
PETITION AND GRANTING
LEAVE TO PROCEED IN
FORMA PAUPERIS

v.
RICK HILL, Warden,

Docket no. 2
Respondent.
________________________________/
Petitioner, a state prisoner, has filed the present pro se

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petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254,

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challenging his 1998 conviction for murder and attempted murder.

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Petitioner previously challenged the same conviction in a habeas

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petition that was denied on the merits.

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No. C 01-3141 MMC (PR).

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under 28 U.S.C. § 2244, several attempts by Petitioner to present

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a renewed challenge to his conviction without prior approval from

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the Ninth Circuit.

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(PR); Ellis v. Hill, Case No. C 11-05121 CW (PR); Ellis v. Hill,

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Case No. C 09-00351 CW (PR).

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See Ellis v. Roe, Case

Since that denial, this Court has denied,

See Ellis v. Hill, Case No. C 11-05389 CW

A second or successive petition containing previously raised

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or new claims may not be filed in the district court unless the

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petitioner first obtains from the United States Court of Appeals

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an order authorizing the district court to consider the petition.

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28 U.S.C. § 2244(b)(3)(A).

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authorization.

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an order filed by the Ninth Circuit on August 7, 2012, denying his

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application to that court for authorization to file a second or

Petitioner has not obtained such

Notably, he has attached to the present petition

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successive petition.
Because Petitioner here has not obtained prior approval from

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the Ninth Circuit for this Court to consider his renewed challenge

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to his conviction in the present petition, the petition is

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DISMISSED without prejudice to Petitioner’s filing a petition in

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this Court if he obtains the necessary order from the Ninth

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Circuit.

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United States District Court
For the Northern District of California

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In light of Petitioner’s lack of funds, his applications to
proceed in forma pauperis are GRANTED.
The Clerk of the Court shall terminate all pending motions in
the present action, enter judgment and close the file.

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This Order terminates Docket no. 2.

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IT IS SO ORDERED.

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Dated:

11/19/2012

CLAUDIA WILKEN
United States District Judge

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