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Rogers v. Runnels

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA


October 28, 2005

MICHAEL RAY ROGERS, PETITIONER,
v.
D L RUNNELS, WARDEN, RESPONDENT.

The opinion of the court was delivered by: Vaughn R. Walker United States District Chief Judge

ORDER OF DISMISSAL

Petitioner, a state prisoner incarcerated at High Desert State Prison in Susanville, California, has filed a second or successive petition for a writ of habeas corpus under 28 USC § 2254. His first petition was dismissed with prejudice because it was time-barred under 28 USC § 2244(d). See Rogers v Galaza, No C 00-2074 VRW (PR) (ND Cal Mar 15, 2001) (order granting motion to dismiss).

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 terminate all pending motions as moot. No fee is due.

SO ORDERED.

20051028

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