Bernard Burton v. Craig Koenig

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

10 11 BERNARD BURTON, ) NO. CV 20-2277-JVS (AGR) ) Petitioner, ) ) v. ) ORDER OF DISMISSAL ) WITHOUT PREJUDICE CRAIG KOENIG, Warden, ) ) Respondent. ) ) ) 18 On March 9, 2020, Petitioner, a state prisoner who is proceeding pro se, 19 filed a Petition for Writ of Habeas Corpus (“Petition”). 20 On April 21, 2020, Respondent filed a motion to vacate the order requiring 21 a response/answer to the Petition on the ground that Petitioner had not sought or 22 obtained authorization from the Ninth Circuit to file a second or successive 23 petition. (Dkt. No. 7.) 24 In response, Petitioner filed a motion to withdraw his Petition so that he 25 could request authorization from the Ninth Circuit to file a second or successive 26 petition. (Dkt. No. 10.) The court construes Petitioner’s motion as a motion to 27 dismiss the Petition without prejudice. 28 In the Ninth Circuit, Petitioner has filed an application for permission to file a…