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Harnden v. California CDC

May 30, 2008

JEFFREY S. HARNDEN, PETITIONER,
v.
CALIFORNIA CDC, RESPONDENT.



The opinion of the court was delivered by: William Alsup United States District Judge

ORDER OF DISMISSAL

Petitioner, a state prisoner currently incarcerated at Corcoran State Prison, has filed a second or successive petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. See, e.g., Harnden v. Scott, 00-4221 MJJ (PR) (N.D. Cal.). 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 U.S.C. § 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. Petitioner's motion for leave to proceed in forma pauperis (document 3) is GRANTED.

His motion for counsel (document 4) is DENIED as moot. The clerk shall close the file.

IT IS SO ORDERED.

20080530

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