1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 BRUCE BROWN, Case No. 23-cv-03583-JD g Petitioner, 9 y. ORDER RE DISMISSAL Re: Dkt. Nos. 2, 6 10 PHIFFER, ll Respondent. 12

Petitioner, a state prisoner, filed a pro se habeas petition pursuant to

. 14 || Court records indicate that petitioner filed a petition raising similar claims challenging the same 3 15 conviction that was denied as untimely. See Brown v. District Attorney, Case No. 22-cv-5609 JD. 16 || This case is dismissed as duplicative. See Adams v. Cal. Dept. of Health Services,

, 3 17 || 688 (9th Cir. 2007). To the extent petitioner seeks to file a new petition about resentencing that 18 would not be a successive petition, he must first exhaust that claim in state court. 19 The case is dismissed without prejudice as duplicative. The pending motions (Dkt. Nos. 2, 20 || 6) are vacated. No fee is due. A certificate of appealability is denied and the Clerk is requested to 21 close this case. 22 IT IS SO ORDERED. 23 Dated: September 25, 2023 24 25 JAMES ATO 26 United Sfates District Judge 27 28