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MOUZON v. SCRIBNER

United States District Court, N.D. California


September 22, 2004.

ALFONSO MOUZON, Petitioner,
v.
A.K. SCRIBNER, Respondent.

The opinion of the court was delivered by: MAXINE CHESNEY, District Judge

ORDER OF DISMISSAL

Alfonso Mouzon ("petitioner"), a California prisoner, filed this pro se habeas corpus petition pursuant to 28 U.S.C. § 2254, challenging a 1989 conviction obtained in the Alameda County Superior Court. Prior to filing the instant petition, petitioner has filed in this district two habeas petitions challenging the same conviction. See Mouzon v. Marshall, No. 94-1041 DLJ (PR); see also Mouzon v. Castro, 99-2268 JL (PR) (dismissing petition as successive).

A second or successive petition may not be filed in the district court unless the petitioner first obtains from the United States Court of Appeals an order authorizing the district court to consider the petition. See 28 U.S.C. § 2244(b)(3)(A). Petitioner has not sought or obtained from the United States Court of Appeals for the Ninth Circuit an order under 28 U.S.C. § 2244(b)(3)(A) authorizing him to file a second or successive petition in this court. Accordingly, the instant petition is DISMISSED without prejudice to refiling if petitioner obtains the necessary order.

  The Clerk shall close the file and terminate any pending motions.

  IT IS SO ORDERED.

 [EDITORS' NOTE: THIS PAGE CONTAINED "CERTIFICATE OF SERVICE".] JUDGMENT IN A CIVIL CASE

  [] Jury Verdict. This action came before the Court for a trial by jury. The issues have been tried and the jury has rendered its verdict.

  [X] Decision by Court. This action came to trial or hearing before the Court. The issues have been tried or heard and a decision has been rendered.

  IT IS ORDERED AND ADJUDGED the instant petition is DISMISSED without prejudice to refiling if petitioner obtains the necessary order.

20040922

© 1992-2004 VersusLaw Inc.



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