Mack G. Mason VS E.K. McDaniel, et al.

Filing 63

ORDER granting ECF No. 61 Motion : Clerk of Court send petitioner a copy of the CM/ECF docket summary in this case free of charge. (Mailed to P Mack C. Mason at SDCC on 2/3/2017) Signed by Judge Miranda M. Du on 2/3/2017. (Copies have been distributed pursuant to the NEF - DRM)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 *** 7 MACK C. MASON, 8 9 10 11 Case No. 3:04-cv-00069-MMD-VPC Petitioner, ORDER v. E.K. McDANIEL, et al., Respondents. 12 This closed action is a pro se petition for a writ of habeas corpus filed pursuant to 13 28 U.S.C. § 2254 by a Nevada state prisoner. Petitioner has filed a motion for a copy of 14 the docket summary in this case. (ECF No. 61.) The Court will direct the Clerk of Court to 15 send petitioner a copy of the docket sheet free of charge. Petitioner further states that he 16 wishes to pursue an application for a successive petition. A successive habeas petition 17 may not be filed in this Court unless the petitioner has obtained permission from the Ninth 18 Circuit Court of Appeals. See 28 U.S.C. § 2244(b)(3)(A) (“Before a second or successive 19 application permitted by this section is filed in the district court, the applicant shall move 20 in the appropriate court of appeals for an order authorizing the district court to consider 21 the application.”). If permission is granted by the Court of Appeals, petitioner may file a 22 successive petition as a new case, but he may not file a successive petition in this action. 23 It is therefore ordered that the Clerk of Court send petitioner a copy of the CM/ECF 24 25 docket summary in this case free of charge. DATED THIS 3rd day of February 2017. 26 27 28 MIRANDA M. DU UNITED STATES DISTRICT JUDGE

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