Schaef v. Stewart Doc.

3
Case 3:06-cv-05544-FDB Document 3 Filed 09/28/2006 Page 1 of 2

1
2
3
4
5
6
7
8 UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
9 AT TACOMA
10
11 ERNEST A. SCHAEF, SR., Case No. C06-5544FDB

12 Petitioner, ORDER TO
SHOW CAUSE WHY
13 v. PETITION SHOULD NOT
BE DISMISSED AS A SECOND
14 BELINDA STEWARD, OR SUCCESSIVE PETITION

15 Respondent.

16
17 The petitioner in this action is seeking federal habeas corpus relief pursuant to 28 U.S.C. § 2241.

18 This case has been referred to the undersigned Magistrate Judge pursuant to Title 28 U.S.C. §§

19 636(b)(1)(A) and 636 (b)(1)(B) and Local Magistrates' Rules MJR 3 and MJR 4. After reviewing the

20 record, the court finds and orders as follows:

21 1. Significantly, petitioner has previously filed several complaints and petitions challenging his

22 conviction(s) and confinement.

23 2. The instant petition raises grounds challenging the legality of his confinement in a Washington

24 State prison. A previous petition, filed on or about July 11, 2005, raised similar challenges. Accordingly,

25 the instant petition appears to be a second or successive petition within the meaning of the Antiterrorism

26 and Effective Death Penalty Act of 1996, which was signed into law on April 24, 1996. Section

27 2244(b)(3)(A) of the Act provides:

28 Before a second or successive application permitted by this section is filed in the district
court, the applicant shall move in the appropriate court of appeals for an order authorizing

ORDER TO SHOW CAUSE

Page - 1
Dockets.Justia.com
 Case 3:06-cv-05544-FDB Document 3 Filed 09/28/2006 Page 2 of 2

1 the district court to consider the application.

2 3. Accordingly, petitioner shall show cause by October 26, 2006, why the instant petition should
3 not be treated as a second or successive petition. Otherwise, the petition will be dismissed unless
4 petitioner obtains an order from the Ninth Circuit authorizing the filing of the second or successive
5 petition.
6 4. The Court Clerk is directed to send a copy of this Order to petitioner.
7 DATED this 28th day of September, 2006.
8
/s/ J. Kelley Arnold
9 J. Kelley Arnold
United States Magistrate Judge
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

ORDER TO SHOW CAUSE

Page - 2