Purata v. Yates

Purata v. Yates

Petitioner:	Alfredo Purata
Respondent:	James Yates
Case Number:	3:2009cv00171
Filed:	January 28, 2009
Court:	US District Court for the Southern District of California
Office:	Habeas Corpus (General) Office
County:	Fresno
Presiding Judge:	Peter C. Lewis
Presiding Judge:	M. James Lorenz
Nature of Suit:	None
Cause of Action:	Federal Question
Jury Demanded By:	28:2254 Petition for Writ of Habeas Corpus (State)

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Date Filed	Document Text
February 9, 2009	Filing 3 ORDER - Summary Dismissal of Second or Successive Petition Pursuant to 28 U.S.C. Section 2244(b)(3)(A) Gatekeeper Provision: Because Petitioner has failed to obtain permission from the Ninth Circuit Court of Appeals to file a second or successive pet ition, this Court cannot consider his Petition. Accordingly, the Court DISMISSES this action without prejudice to Petitioners filing a petition in this court if he obtains the necessary order from the Ninth Circuit Court of Appeals. Signed by Judge M. James Lorenz on 2/9/2009. (All non-registered users served via U.S. Mail Service).(mjj)

Date Filed

Document Text

February 9, 2009

Filing 3 ORDER - Summary Dismissal of Second or Successive Petition Pursuant to 28 U.S.C. Section 2244(b)(3)(A) Gatekeeper Provision: Because Petitioner has failed to obtain permission from the Ninth Circuit Court of Appeals to file a second or successive pet ition, this Court cannot consider his Petition. Accordingly, the Court DISMISSES this action without prejudice to Petitioners filing a petition in this court if he obtains the necessary order from the Ninth Circuit Court of Appeals. Signed by Judge M. James Lorenz on 2/9/2009. (All non-registered users served via U.S. Mail Service).(mjj)

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Petitioner: Alfredo Purata
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Respondent: James Yates
Represented By:	Attorney General
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