Alexander

Alexander v. Davis

Good Law
United States District Court, Northern District of CaliforniaOctober 9, 20193:19-cv-02596California401 words

Opinion

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT

6 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 RICKEY ALEXANDER, No. C 19-2596 WHA (PR) Petitioner, ORDER GRANTING MOTION TO

DISMISS

v. (Dkt. No. 10) RONALD DAVIS, Warden, Respondent. / 14 Petitioner, a state prisoner, has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Respondent has filed a motion to dismiss the petition because it is a second or successive petition. Because this issue can be readily decided based upon the petition, the motion, the court dockets, and other court records, there is no need for an opposition or a reply brief. 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). This requirement is jurisdictional. Burton v. Stewart, 549 U.S. 147, 156 (2007) (per curiam). In 1999, petitioner filed a habeas petition in federal court challenging a 1992 state…

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