December 5, 2013
JERRY HAMILTONHAUSEY, Petitioner,
JEFFREY BEARD, Respondent.
ORDER OF DISMISSAL
SUSAN ILLSTON, District Judge.
Jerry Hamiltonhausey, a prisoner at the San Quentin State Prison, filed a pro se petition for writ of habeas corpus pursuant to 23 U.S.C. § 2254 to challenge the sentence imposed on his 1991 murder conviction in Alameda County Superior Court. He has challenged that conviction previously. His first federal habeas petition challenging that conviction, Hamiltonhausey v Henry, No. C 96-734 SI, was filed in 1996 and denied in 1997. The U.S. Court of Appeals for the Ninth Circuit denied a certificate of appealability in 1999.
A second or successive petition may not be filed in this court unless the petitioner first obtains from the United States Court of Appeals for the Ninth Circuit ("Ninth Circuit") an order authorizing this court to consider the petition. 28 U.S.C. § 2244(b)(3)(A). Hamiltonhausey has not obtained such an order from the Ninth Circuit. This court will not entertain a new petition from Hamiltonhausey until he first obtains permission from the Ninth Circuit to file such a petition. This action is DISMISSED without prejudice to Hamiltonhausey filing a petition in this court after he obtains the necessary order from the Ninth Circuit.
If Hamiltonhausey wants to attempt to obtain the necessary order from the Ninth Circuit, he should file an "Application For Leave To File Second Or Successive Petition" in the Ninth Circuit (at 95 Seventh Street, San Francisco, CA 94103). A copy of the farm application is enclosed with this order for his convenience.
The clerk shall close the file.
IT IS SO ORDERED.