Williams v. Grounds

Filing 5

ORDER GRANTING LEAVE TO PROCEED IN FORMA PAUPERIS, DISMISSING PETITION, AND DENYING CERTIFICATE OF APPEALABILITY by Judge Phyllis J. Hamilton denying 4 Motion to Appoint Counsel ; granting 2 Motion for Leave to Proceed in forma pauperis (Attachments: # 1 Certificate/Proof of Service) (nahS, COURT STAFF) (Filed on 12/5/2013)

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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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BOBBY R. WILLIAMS,
Petitioner,

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For the Northern District of California

United States District Court

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No. C 13-5266 PJH (PR)

vs.
R. GROUNDS,
Respondent.
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ORDER GRANTING LEAVE
TO PROCEED IN FORMA
PAUPERIS, DISMISSING
PETITION, AND DENYING
CERTIFICATE OF
APPEALABILITY

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This is a habeas case filed pro se by a state prisoner. Petitioner was convicted of

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first degree murder and sentenced on December 20, 1994. Petitioner has filed many

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petitions in state court and this is his fifth petition in this federal district court. Before a

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second or successive petition may be filed in the district court, the petitioner must first

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obtain an order from the court of appeals authorizing the district court to consider the

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petition. See 28 U.S.C. § 2244(b)(3)(A).

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His previous petitions were dismissed as unexhausted, untimely or for failure to

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prosecute. His fourth petition was dismissed as successive and he was informed that he

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must obtain an order from the court of appeals to proceed. See Williams v. Kirkland, 05-

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4674 SBA (pr). Thus, this is a successive petition and will be dismissed as there is no

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indication petitioner has received an order from the court of appeals.

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Petitioner’s motion for leave to proceed in forma pauperis (Docket No. 2) is

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GRANTED. His motion to appoint counsel (Docket No. 4) is DENIED as the petition is

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DISMISSED for the reasons set out above. Because reasonable jurists would not find the

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result here debatable, a certificate of appealability (“COA”) is DENIED. See Slack v.

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McDaniel, 529 U.S. 473, 484-85 (2000) (standard for COA). The clerk shall close the file.

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IT IS SO ORDERED.
Dated: December 5, 2013.
PHYLLIS J. HAMILTON
United States District Judge

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G:\PRO-SE\PJH\HC.13\Williams5266.dsm.wpd

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For the Northern District of California

United States District Court

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