Brown

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 BRUCE BROWN, Case No. 23-cv-03583-JD g Petitioner, y. ORDER RE DISMISSAL Re: Dkt. Nos. 2, 6 PHIFFER, ll Respondent.

Petitioner, a state prisoner, filed a pro se habeas petition pursuant to 28 U.S.C. § 2254. || Court records indicate that petitioner filed a petition raising similar claims challenging the same conviction that was denied as untimely. See Brown v. District Attorney, Case No. 22-cv-5609 JD. 16 || This case is dismissed as duplicative. See Adams v. Cal. Dept. of Health Services, 487 F.3d 684, || 688 (9th Cir. 2007). To the extent petitioner seeks to file a new petition about resentencing that would not be a successive petition, he must first exhaust that claim in state court. The case is dismissed without prejudice as duplicative. The pending motions (Dkt. Nos. 2, 20 || 6) are vacated. No fee is due. A certificate of appealability is denied and the Clerk is requested to …