(HC) Bouie v. Board of Parole Hearings

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DIRK JAONG BOUIE, JR., No. 2:12-cv-1221 MCE AC P 12 Petitioner, 13 V. ORDER 14 BOARD OF PAROLE HEARINGS, 15 Respondent. 16 17 Petitioner has filed a motion for relief pursuant to Federal Rule of Civil Procedure 60(b) in 18 || which he seeks to have this court vacate a Ninth Circuit order denying his application for leave to 19 | file a second or successive petition for writ of habeas corpus. ECF No. 62. This Court does not 20 || have the authority to vacate a Ninth Circuit order and it cannot consider a second or successive 21 | petition until such time as petitioner receives the authorization of the Ninth Circuit. See Felker v. 22 | Turpin, 518 U.S. 651, 657 (1996) (second or successive application for habeas relief may not be 23 || filed in district court without prior authorization by the court of appeals). Accordingly, IT IS 24 || HEREBY ORDERED that petitioner’s motion for relief, ECF No. 62, is DENIED. 25 IT IS SO ORDERED. 26 | Dated: August 25, 2021 Eo 27 { late rf LEK. 8 SENIOR UNITED STATES ISTRIGT JUDGE