Ajaelo

Ajaelo v. Madden

Good Law
United States District Court, Northern District of CaliforniaMarch 15, 20213:20-cv-06375California459 words

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…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.