Piazza v. Ortiz

Filing 76

ORDER DENYING 75 MOTION FOR APPEAL. Signed by Judge Jeremy Fogel on 9/19/2013. (jflc2, COURT STAFF) (Filed on 9/19/2013)

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**E-Filed 9/19/2013**

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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For the Northern District of California

IN THE UNITED STATES DISTRICT COURT

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United States District Court

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SAN JOSE DIVISION

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ANDREW PIAZZA,
Petitioner,

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Case No. C 01-20326 JF (PR)

v.

ORDER DENYING MOTION FOR APPEAL
[re: Docket No. 75]

GEORGE A. ORTIZ, Warden,
Respondent.

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On August 6, 2012, Petitioner, a California prisoner proceeding pro se, filed a motion to

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reopen and amend his petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254, which

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the Court denied on August 17, 2012. (See Docket No. 74).

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Petitioner has filed a “motion for appeal of the Court’s order denying motion to reopen and

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amend habeas corpus petition.” (Docket No. 75). Petitioner’s argument that his petition should

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“relate back” does not change the fact that he is challenging the same conviction based on new

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claims, which requires that he must first obtain an order from the United States Court of Appeals for

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the Ninth Circuit authorizing this Court to consider the petition. 28 U.S.C. § 2244(b)(3)(A).

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Petitioner has not shown that he has obtained such authorization.
Case No. C 01-20326 JF (PR)
ORDER DENYING MOTION FOR APPEAL

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Accordingly, the motion to appeal is DENIED. Petitioner may file a second or successive

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petition challenging the same conviction if and when he obtains the necessary order from the Ninth

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Circuit.

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This order terminates Docket No. 75.

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IT IS SO ORDERED.

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DATED: September 19, 2013

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JEREMY FOGEL
United States District Judge

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For the Northern District of California

United States District Court

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Case No. C 01-20326 JF (PR)
ORDER DENYING MOTION FOR APPEAL