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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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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MACK C. MASON,

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Case No. 3:04-cv-00069-MMD-VPC
Petitioner,

ORDER

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

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This closed action is a pro se petition for a writ of habeas corpus filed pursuant to

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28 U.S.C. § 2254 by a Nevada state prisoner. Petitioner has filed a motion for a copy of

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the docket summary in this case. (ECF No. 61.) The Court will direct the Clerk of Court to

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send petitioner a copy of the docket sheet free of charge. Petitioner further states that he

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wishes to pursue an application for a successive petition. A successive habeas petition

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may not be filed in this Court unless the petitioner has obtained permission from the Ninth

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

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

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in the appropriate court of appeals for an order authorizing the district court to consider

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the application.”). If permission is granted by the Court of Appeals, petitioner may file a

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successive petition as a new case, but he may not file a successive petition in this action.

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It is therefore ordered that the Clerk of Court send petitioner a copy of the CM/ECF

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docket summary in this case free of charge.
DATED THIS 3rd day of February 2017.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE