1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 MARLON J. BLACHER, CDCR No. Case No. 20-cv-07119-CRB (PR) G50077, HCSO No. 2020-23339, 8 Petitioner, ORDER DISMISSING PETITION FOR 9 A WRIT OF HABEAS CORPUS v. 10 STATE OF CALIFORNIA, 11 Respondent. 12 Petitioner, a state prisoner at the Richard J. Donovan Correctional Facility (RJD) in San 13 Diego, California (but temporarily in the custody of Hillsborough County Sheriff’s Office (HCSO) 14 pending Florida criminal charges) pursuant to a 2009 conviction and sentence from Contra Costa 15 County Superior Court, has filed a second or successive petition for a writ of habeas corpus under 16

challenging various aspects of his 2009 conviction and sentence, including the 17 restitution order imposed by the superior court. His first petition challenging his 2009 conviction 18 and sentence was denied on the merits on September 22, 2015. See Blacher v. McEwen, No. 12- 19 cv-4775-RMW (N.D. Cal. Sept. 22, 2015) (order denying petition for a writ of habeas corpus 20 under § 2254 on the merits). 21 A second or successive petition may not be filed in this court unless petitioner first obtains 22 from the United States Court of Appeals for the Ninth Circuit an order authorizing this court to 23 consider the petition. See

(b)(3)(A). Petitioner has not obtained such an order 24 from the Ninth Circuit and this court is “without power” to entertain his second or successive 25 petition unless he first receives authorization from the Ninth Circuit. Chades v. Hill,

1055, 1056-57 (9th Cir. 2020). The instant petition accordingly is DISMISSED without prejudice 27 1 to refiling if petitioner obtains the necessary order from the Ninth Circuit." 2 Based on petitioner’s affidavit of poverty filed in Blacher v. Pollard, No. 20-cv-07057- 3 || CRB, he is granted leave to proceed in forma pauperis under

in this action.. 4 The clerk is instructed to terminate all pending motions as moot and to close this action. 5 IT IS SO ORDERED. 6 || Dated: December 16, 2020 7 2 iO CHARLES R. BREYER 8 United States District Judge 9 10 11 g 12

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© 15 16 & 17 Z 18 19 20 21 22 23 24 29 ' To the extent petitioner claims RJD officials are unlawfully withdrawing funds from his 26 || Prison trust account pursuant to an unlawful restitution order, he must bring said claim, if at all, in a civil rights complaint under

. See Ramirez v. Galaza,

(9th 07 Cir. 2003) (“habeas jurisdiction is absent, and a § 1983 action proper, where a successful challenge to a prison condition will not necessarily shorten the prisoner’s sentence”). He may not 28 challenge a restitution order on federal habeas review. See Bailey v. Hill,

(9th Cir. 2010).