1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 10 11 FREDRICK J. BENSON, Case No. 2:19-cv-01063-RFB-NJK 12 Petitioner, ORDER 13 v. 14 JAMES DZURENDA, et al., 15 Respondents. 16 17 Petitioner has paid the filing fee. The Court has reviewed the Petition under Rule 4 of Rules 18 Governing Section 2254 Cases in the United States District Courts. Petitioner needs to show cause 19 why the Court should not dismiss this action. 20 Petitioner is challenging his custody pursuant to a judgment of conviction of the Eighth 21 Judicial District Court of the State of Nevada, Case No. 00C168372-3. Petitioner challenged his 22 custody pursuant to the same judgment of conviction in Benson v. Budge, No. 3:05-cv-00464- 23 GMN-VPC,

(D. Nev. Mar. 30, 2015). The Court denied that Petition on its 24 merits, and the Court of Appeals denied a Certificate of Appealability. Consequently, the current 25 Petition is a second or successive Petition under

(b). Petitioner must first obtain 26 authorization from the Court of Appeals before this Court can consider his Petition.

2244(b)(3). Nothing in the documents that Petitioner has filed indicates that he has received such 28 authorization. Petitioner will need to show cause why the Court should not dismiss the action. 1 Petitioner has filed a Motion for Appointment of Counsel (ECF No. 2). The Court denies 2 || this Motion because it appears that the Court of Appeals has not yet authorized Petitioner to proceed 3 || with this action. If Petitioner can show authorization, then he may renew this Motion. 4 IT THEREFORE IS ORDERED that the Clerk of Court shall file the Petition for a Writ 5 || of Habeas Corpus pursuant to

. 6 IT FURTHER IS ORDERED that Petitioner’s Motion for Appointment of Counsel (ECF 7 | No. 2) is DENIED. 8 IT FURTHER IS ORDERED that Petitioner will have thirty (30) days from the date of 9 || entry of this Order to show cause why this action should not be dismissed as a second or successive 10 | Petition. Failure to comply will result in the dismissal of this action. 11 DATED: November 22, 2019. : cones 'Savaer— RICHARD F>BOULWARE, II 13 United States District Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28