United States District Court, N.D. California
August 9, 2004.
JONATHAN L. WILLIAMS, Petitioner,
The opinion of the court was delivered by: SUSAN ILLSTON, District Judge
The petition for writ of habeas corpus is dismissed without
prejudice to petitioner filing a second or successive habeas
petition after he receives permission to do so from the U.S.
Court of Appeals for the Ninth Circuit.
IT IS SO ORDERED AND ADJUDGED.
ORDER OF DISMISSAL
Jonathan L. Williams, a prisoner at Salinas Valley State
Prison, filed a pro se petition for writ of habeas corpus
pursuant to 28 U.S.C. § 2254. The petition is not Williams' first
federal habeas petition concerning his 1995 murder conviction:
his earlier habeas petition in Williams v. Lamarque, No. C
02-1117 SI, was dismissed on July 25, 2002 as untimely filed. The
decision apparently was not appealed.
A second or successive petition may not be filed in this court
unless the petitioner first obtains from the United States Court
of Appeals for the Ninth Circuit an order authorizing this court
to consider the petition. 28 U.S.C. § 2244(b)(3)(A). Williams has
not obtained such an order from the Ninth Circuit. This court
will not entertain a new petition from Williams until he first
obtains permission from the Court of Appeals for the Ninth
Circuit to file such a petition. This action is DISMISSED without
prejudice to Williams filing a petition in this court after he
obtains the necessary order from the Court of Appeals for the
Ninth Circuit. If Williams wants to attempt to obtain the necessary order from
the Ninth Circuit, he should very clearly mark the first page of
his document as a "MOTION FOR ORDER AUTHORIZING DISTRICT COURT TO
CONSIDER SECOND OR SUCCESSIVE PETITION PURSUANT TO
28 U.S.C. § 2244(b)(3)(A)" rather than labeling it as a habeas petition
because the Ninth Circuit clerk's office is apt to simply forward
to this court any document labeled as a habeas petition. He also
should mail the motion to the Ninth Circuit (at 95 Seventh
Street, San Francisco, CA 94103), rather than to this court. In
his motion to the Ninth Circuit, he should explain how he meets
the requirements of 28 U.S.C. § 2244(b).
The clerk shall close the file.
IT IS SO ORDERED.
© 1992-2004 VersusLaw Inc.