Ajaelo
Ajaelo v. Madden
Opinion
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT
6 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 JIDEOFOR AJAELO, No. C 20-6375 WHA (PR) Petitioner, ORDER GRANTING MOTION TO
DISMISS
v. (Dkt. No. 10) RAYMOND MADDEN, 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 successive petition. Petitioner did not file an opposition or a request for an extension of time as of the opposition’s deadline. A 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 2010, petitioner filed a federal habeas petition challenging a 2007 state court judgment. See Ajaelo v. Uribe, Case No. C 10-3327 SI (PR) (N.D. Cal.). The court denied the 25…