1 2 3 4 5 UNITED STATES DISTRICT COURT 6 NORTHERN DISTRICT OF CALIFORNIA 7 8 DANNY TORRES JR., P02328, Case No. 22-cv-05740-CRB (PR) 9 Petitioner, ORDER DISMISSING PETITION FOR A WRIT OF HABEAS CORPUS AS 10 v. SECOND OR SUCCESSIVE PETITION, AND DENYING MOTION FOR 11 THERESA CISNEROS, Warden, APPOINTMENT OF COUNSEL 12 Respondent. (ECF No. 2) 13 Petitioner, a state prisoner currently incarcerated at the California Substance Abuse 14 Treatment Facility and State Prison, Corcoran (SATP-CSP, Corcoran), has filed a second or 15 successive petition for a writ of habeas corpus under

challenging a 1998 16 conviction and sentence from Monterey County Superior Court. His first petition challenging the 17 1998 conviction and sentence was denied on the merits on January 12, 2001. See Torres v. 18 Mueller, No. 00-cv-01714-VRW (N.D. Cal. Jan. 12, 2001) (order denying petition for writ of 19 habeas corpus). Petitioner also moves for appointment of counsel. 20 A second or successive petition may not be filed in this court unless petitioner first obtains 21 from the United States Court of Appeals for the Ninth Circuit an order authorizing this court to 22 consider the petition. See

(b)(3)(A). Petitioner has not obtained such an order 23 from the Ninth Circuit. The petition accordingly is DISMISSED without prejudice to refiling if 24 petitioner obtains the necessary order from the Ninth Circuit. 25 Petitioner’s motion for appointment of counsel (ECF No. 2) is DENIED as moot and for 26 lack of merit. See LaMere v. Risley,

(9th Cir. 1987) (no abuse of discretion to 27 deny motion for appointment of counsel where pleadings illustrate that petitioner has good ] The clerk is instructed to terminate the motion appearing on ECF as item number 2 and to 2 || close the case. 3 IT ISSO ORDERED. 4 Dated: November 22, 2022 5 2c Ea CHARLES R. BREYER 6 United States District Judge 7 8 9 10 1] 12

2B

15 16

17

Z 18 19 20 21 22 23 24 25 26 27 28