United States District Court, N.D. California
September 22, 2004.
ALFONSO MOUZON, Petitioner,
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
The Clerk shall close the file and terminate any pending
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
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