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Graves v. Hedgpeth

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


January 20, 2009

JOHNNY GRAVES, PETITIONER,
v.
ANTHONY HEDGPETH, RESPONDENT.

The opinion of the court was delivered by: Gregory G. Hollows United States Magistrate Judge

ORDER

Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner has also filed an application to proceed in forma pauperis.

Examination of the in forma pauperis application reveals that petitioner is unable to afford the costs of suit. Accordingly, the application to proceed in forma pauperis will be granted. See 28 U.S.C. § 1915(a). Petitioner challenges his 2002 conviction for assault, a gang enhancement and two prior conviction enhancements. Court records indicate that petitioner has previously filed a petition for writ of habeas corpus challenging the same conviction, CIV S-03-2607 GEB GGH P.*fn1 The court denied CIV S-03-2607 GEB GGH P on the merits. Therefore, to proceed with the instant successive petition, petitioner must obtain authorization from the Ninth Circuit Court of Appeals. 28 U.S.C. § 2244(b). Because petitioner has not obtained this authorization, this action is dismissed.

Accordingly, IT IS HEREBY ORDERED that:

1. Petitioner's application to proceed in forma pauperis is granted;

2. Petitioner's successive application for a writ of habeas corpus is dismissed.


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