Snyder v. Pliler

Filing 7

ORDER OF DISMISSAL AND DENYING CERTIFICATE OF APPEALABILITY, ***Civil Case Terminated. Signed by Judge Phyllis J. Hamilton on 11/29/12. (Attachments: # 1 Certificate/Proof of Service)(nah, COURT STAFF) (Filed on 11/29/2012)

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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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BRADLEY W. SNYDER,
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Petitioner,

No. C 12-5716 PJH (PR)

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vs.

ORDER OF DISMISSAL AND
DENYING CERTIFICATE OF
APPEALABILITY

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C.K. PLILER, Warden,
Respondent.
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For the Northern District of California

United States District Court

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This habeas case was opened when petitioner filed a “‘Motion for Relief from Illegal

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Judgment under Federal Rule of Civil Procedure 60(b)(4) and (6)”. Petitioner seeks relief

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regarding a closed habeas case, Snyder v. Martel, C 00-20620 RMW (PR), that was denied

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in 2003. This court denied a certificate of appealability, as did the Ninth Circuit. Thus, this

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is a second or successive petition. Petitioner cannot file a second or successive petition

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until he obtains an order authorizing the filing from the Ninth Circuit. See 28 U.S.C. §

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2244(b)(3)(A). He has not done so. The court notes that petitioner filed another case

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attacking this same conviction that was also denied as successive, No. C 10-2542 PJH.

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Petitioner recently filed this same motion for reconsideration in that case that was also

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denied.

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The motion for leave to proceed IFP (docket # 5) is GRANTED. The petition is

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DISMISSED without prejudice to filing a new petition if petitioner obtains the necessary

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order. Petitioner’s motions (dockets #1 & 2) are also denied.The clerk shall close the file.

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IT IS SO ORDERED.

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Dated: November 29, 2012.
PHYLLIS J. HAMILTON
United States District Judge

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