Tshombe Kelley v. Iason Schultz, Warden

Opinion

1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 6 TSHOMBE KELLEY, T06593, Case No. 26-cv-03357-CRB (PR) 7 Petitioner, ORDER DISMISSING PETITION FOR 8 v. A WRIT OF HABEAS CORPUS AS 9 IASON SCHULTZ, Warden, SECOND OR SUCCESSIVE PETITION 10 Respondent. 11 Petitioner, a state prisoner incarcerated at California State Prison, Sacramento (SAC), has 12 || filed a second or successive petition for a writ of habeas corpus under 28 U.S.C. § 2254 13 || challenging a January 2001, conviction and sentence from Alameda County Superior Court. His S 14 first petition under § 2254 was denied on the merits on March 9, 2006. See Kelley v. Lamarque, 3 15 || No. 04-cv-01540-VRW (N.D. Cal. Mar. 9, 2006) (order denying petition). 16 A second or successive petition may not be filed in this court unless petitioner first obtains 5 17. || from the United States Court of Appeals for the Ninth Circuit an order authorizing this court to 5 18 || consider the petition. See 28 U.S.C. § 2244(b)(3)(A). This court is “without power” to entertain a 19 || second or successive petition unless petitioner first receives authorization from the Ninth Circuit. 29 || Chades v. Hill, 976 F.3d 1055, 1056-57 (9th Cir. 2020). 71 Petitioner has not obtained an order from the Ninth Circuit authorizing this court to 322 || consider his second or successive petition. The petition accordingly is DISMISSED without 23 || prejudice to refiling if petitioner obtains the necessary order. 24 The clerk is instructed to close the case. 25 IT ISSO ORDERED. 6 Dated: April 29, 2026 27 _A sO CHARLES R. BREYER 28 United States District Judge