DONALD J. ROGERS V. E.K. MCDANIEL, ET AL.

Filing 17

ORDER directing Clerk to close case. Signed by Judge Miranda M. Du on 7/19/2016. (Copies have been distributed pursuant to the NEF - KR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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DONALD J. ROGERS,

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Case No. 3:99-cv-00625-MMD-VPC
Petitioner,

ORDER

v.
E.K. McDANIEL, et al.,
Respondents.

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The Court issued an Order denying Petitioner's petition for writ of habeas corpus

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on March 17, 2003. (ECF No. 13.) Petitioner recently submitted a letter, inquiring as to

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whether he may petition the Court for review if he is able to demonstrate actual

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innocence. (ECF No. 15.) Petitioner has not filed a new petition for habeas corpus. His

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letter asks for advice, but the Court cannot give legal advice, nor issue an advisory

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opinion. Moreover, Petitioner should be aware that to file another petition for habeas

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corpus ― a successive habeas petition ― he must first obtain permission from the

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Ninth Circuit Court of Appeals. See 28 U.S.C. § 2244(b)(3)(A) (“Before a second or

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successive application permitted by this section is filed in the district court, the applicant

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shall move in the appropriate court of appeals for an order authorizing the district court

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to consider the application.”).

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The Clerk is instructed to close this case.

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DATED THIS 19th day of July 2016.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE