United States District Court, N.D. California
August 11, 2004.
DANNY TORRES, JR., Petitioner,
A.K. SCRIBNER, Warden, Respondent.
The opinion of the court was delivered by: VAUGHN WALKER, District Judge
ORDER OF DISMISSAL (Doc # 2).
Petitioner, a state prisoner incarcerated at California State
Prison, Corcoran, has filed a second or successive petition for a
writ of habeas corpus under 28 USC § 2254. His first petition was
denied on the merits on January 12, 2001. See Torres v. Mueller,
No C 00-1714 VRW (ND Cal Jan 12, 2001) (order).
A second or successive petition may not be filed in this court
unless petitioner first obtains from the United States Court of
Appeals for the Ninth Circuit an order authorizing this court to
consider the petition. See 28 USC § 2244(b)(3)(A). Petitioner has
not obtained such an order from the Ninth Circuit. The petition
accordingly is DISMISSED without prejudice to refiling if
petitioner obtains the necessary order.
The clerk shall close the file and deny all pending motions
(see, eg, doc # 2) as moot.
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