United States District Court, N.D. California
October 24, 2005.
CARLOS ALBERTO SANCHEZ, Petitioner,
M. EVANS, Warden, Respondent.
The opinion of the court was delivered by: MAXINE CHESNEY, District Judge
ORDER OF DISMISSAL; GRANTING LEAVE TO PROCEED IN FORMA PAUPERIS
Petitioner, a California prisoner incarcerated at Salinas
Valley State Prison, filed the above-titled petition for a writ
of habeas corpus pursuant to 28 U.S.C. § 2254, challenging a
conviction obtained in the Monterey County Superior Court in
2002. Prior to filing the instant petition, petitioner filed
another petition in this district challenging the same
conviction. See Sanchez v. Evans, No. 05-1634 MMC (PR). That
petition was dismissed because it failed to state a claim upon
which relief could be granted.
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 the district court. Accordingly, the instant petition
is DISMISSED without prejudice to refiling if petitioner obtains the necessary order.
Petitioner's application to proceed in forma pauperis is
GRANTED, and no fee shall be due.
This order terminates Docket No. 2.
The Clerk shall close the file and terminate any pending
IT IS SO ORDERED.
© 1992-2005 VersusLaw Inc.