Green v. Williams

Filing 2

USCA ORDER (11-71255) -. The application for authorization to file a second or successive habeas corpus petition in the district court is denied as unnecessary. The Clerk shall transfer this petition to the USDC for the District of Nevada for filin g as an original habeas petition. The district court shall file the petition as of May 3, 2011, the date the petition was filed in this court. Upon transfer of the petition, the Clerk shall close this case. TRANSFERRED. (Copies have been distributed pursuant to the NEF - MLC)

FILED
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT

EDMOND WADE GREEN,
Petitioner,
v.

JUN 28 2011
MOLLY C. DWYER, CLERK
U .S. C O U R T OF APPE ALS

No. 11-71255
USDC: 3:11-cv-00455

ORDER

BRIAN E. WILLIAMS, Sr.,
Respondent.

Before: CANBY, GOULD, and TALLMAN, Circuit Judges.
The application for authorization to file a second or successive 28 U.S.C.
§ 2254 habeas corpus petition in the district court is denied as unnecessary. See
Slack v. McDaniel, 529 U.S. 473, 486-87 (2000) (a federal habeas petition filed
after an earlier petition has been dismissed for failure to exhaust state remedies is
not a second or successive petition).
The Clerk shall transfer this petition to the United States District Court for
District of Nevada for filing as an original habeas petition. The district court shall
file the petition as of May 3, 2011, the date the petition was filed in this court.
Upon transfer of the petition, the Clerk shall close this case.
TRANSFERRED.
KS/MOATT