Barrow v. People of the State of California

Filing 7

ORDER OF DISMISSAL; GRANTING LEAVE TO PROCEED IN FORMA PAUPERIS; DENYING APPOINTMENT OF COUNSEL. Signed by Judge JEFFREY S. WHITE on 8/8/14. (jjoS, COURT STAFF) (Filed on 8/8/2014)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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For the Northern District of California

United States District Court

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ORDER OF DISMISSAL;
GRANTING LEAVE TO
PROCEED IN FORMA
PAUPERIS; DENYING
APPOINTMENT OF COUNSEL

Petitioner,

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No. C 14-2669 JSW (PR)

RAEKUBIAN A. BARROW,

v.
KEVIN CHAPPELL, Warden,
Respondent.
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(Docket Nos. 2,3,5)

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Petitioner, a California prisoner, has filed a second or successive petition for a

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writ of habeas corpus pursuant to 28 U.S.C. § 2254. See Barrow v. Gonzales, Case No.

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C 10-1521 JSW (PR). A second or successive petition may not be filed in this Court

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unless petitioner first obtains from the United States Court of Appeals for the Ninth

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Circuit an order authorizing this Court to consider the petition. See 28 U.S.C. §

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2244(b)(3)(A). Petitioner has not sought or obtained such an order from the Ninth

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Circuit. The petition is accordingly DISMISSED without prejudice to refiling if

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Petitioner obtains the necessary order.

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Petitioner’s application for leave to proceed in forma pauperis in the instant case

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(docket numbers 2, 3) is GRANTED in light of Petitioner’s lack of funds. His motion

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for appointment of counsel is DENIED (docket number 2) without prejudice to

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Petitioner’s seeking such appointment in the Court of Appeals in connection with his

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request to proceed with a second or successive petition.

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The Clerk shall enter judgment and close the file.

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IT IS SO ORDERED.

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DATED: August 8, 2014
JEFFREY S. WHITE
United States District Judge

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For the Northern District of California

United States District Court

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UNITED STATES DISTRICT COURT

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FOR THE

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NORTHERN DISTRICT OF CALIFORNIA

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RAEKUBIAN A BARROW,

Case Number: CV14-02669 JSW

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Plaintiff,

CERTIFICATE OF SERVICE

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v.

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PEOPLE OF THE STATE OF

9 CALIFORNIA et al,
Defendant.

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For the Northern District of California

United States District Court

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12 I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S.
District Court, Northern District of California.

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That on August 8, 2014, I SERVED a true and correct copy(ies) of the attached, by placing
said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by
depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office
delivery receptacle located in the Clerk's office.

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Raekubian A. Barrow 064351-0

18 Atascadero State Hospital
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P.O. Box 7001
Atascadero, CA 93423-7001

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Richard W. Wieking, Clerk
By: Jennifer Ottolini, Deputy Clerk