Williams v. Wisconsin Court of Appeals, District One et al

Filing 3

ORDER dismissing 1 Petition for Writ of Habeas Corpus without prejudice for petitioner's failure to obtain authorization required by 28 U.S.C. 2244(b)(3)(A). Signed by Chief Judge Barbara B Crabb on 2/2/09. (krj)

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IN THE UNITED STATES DISTRICT COURT FO R THE WESTERN DISTRICT OF WISCONSIN D A V ID E. WILLIAMS, P e ti ti o n e r , v. W IS C O N S IN COURT OF APPEALS, D IS TR IC T I, SECRETARY OF THE W ISCONSIN DEPARTMENT OF C O R R E C T I O N S and THE ATTORNEY GENERAL OF THE STATE OF W IS CO N S IN , R espo nd ents. OR DER 0 9 - cv -0 2 4 - b b c D avid E. Williams, an inmate at the Prairie due Chien Correctional Center, has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. 2254. He has paid the five do llar filing fee. The petition is before the court for preliminary review pursuant to Rule 4 of the Rules Governing Section 2254 Cases. T h e subject of the petition is petitioner's 1998 conviction in the Circuit Court for M ilw a u kee County for possession of heroin with intent to deliver and delivery of heroin, b oth within 1000 feet of a school. Petitioner challenged this same conviction in a petition for a writ of habeas corpus that he filed in the United States District Court for the Eastern D istrict of Wisconsin. District Judge Charles N. Clevert, Jr. issued an order denying the p etitio n on February 18, 2005. Williams v. Bertrand, 01-C-681, Order Denying Pet. and D ism issing Case, dkt. # 25 (E.D. Wis. Feb. 18, 2005). A cc o r d i n g to 28 U.S.C. 2244(b)(3)(A), a petitioner may not file a second or su ccessive application for habeas relief in the district court unless he first seeks and obtains an order from the appropriate court of appeals authorizing the district court to consider the app lication . Petitioner has not obtained an order from the Court of Appeals for the Seventh Circuit authorizing him to file his petition. p eti ti o n . Accordingly, this court must dismiss the OR DER IT IS ORDERED that the petition of David E. Williams for a writ of habeas corpus is DISMISSED WITHOUT PREJUDICE for petitioner's failure to obtain the authorization requ ired by 28 U.S.C. 2244(b)(3)(A). E n tered this 2 n d day of February, 2009. B Y THE COURT: /s/ B AR B AR A B. CRABB D istrict Judge 2

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