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WO

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF ARIZONA

Hector Parra-Francisco,

Petitioner, 

vs.

United States of America,

Respondent.

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CASE NO. CV-06-136-PHX-FRZ

 CR-01-616-PHX-FRZ

ORDER

Pending before the Court is Petitioner’s January 24, 2006 “Amended Motion for

Time Reduction by an Inmate in Federal Custody, (28 U.S.C. § 2255).” The Court will

dismiss the amended motion without prejudice because, as was the case with the January 4,

2006 motion which the current document amends, the Court lacks subject matter jurisdiction

over it. See 28 U.S.C. §§ 2255 and 2244(b)(3); United States v. Allen, 157 F.3d 661, 664

(9th Cir. 1998); United States v. Alvarez-Ramirez, 128 F. Supp. 2d 1265, 1267 (C.D. Cal.

2001).

Pursuant to Ninth Circuit Rule 22-3(a), the Court will direct the Clerk of the Court to

refer Petitioner’s amended second § 2255 habeas petition to the Ninth Circuit Court of

Appeals. Moreover, as a courtesy to Petitioner, the Court will direct the Clerk of the Court

to provide Petitioner with a form recommended by the Ninth Circuit for filing an Application

for Leave to File Second or Successive Petition Under 28 U.S.C. § 2254 or Motion Under

28 U.S.C. § 2255.

Case 2:01-cr-00616-FRZ Document 59 Filed 02/06/06 Page 1 of 6
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Accordingly,

IT IS ORDERED that Petitioner’s January 24, 2006 “Amended Motion for Time

Reduction by an Inmate in Federal Custody, (28 U.S.C. § 2255)” (U.S.D.C. document #56

in CR-01-616-PHX-FRZ) and this action (CV-06-0136-PHX-FRZ) are DISMISSED

WITHOUT PREJUDICE to allow Petitioner to seek certification from the Ninth Circuit

Court of Appeals to file a second or successive petition.

IT IS FURTHER ORDERED that the Clerk of the Court SHALL SEND a copy of

this Order and Petitioner’s January 24, 2006 “Amended Motion for Time Reduction by an

Inmate in Federal Custody, (28 U.S.C. § 2255)” (U.S.D.C. document #56 in CR-01-616-

PHX-FRZ) to the Ninth Circuit Court of Appeals.

IT IS FURTHER ORDERED that the Clerk of the Court SHALL SERVE a copy

of this Order on Petitioner and SHALL PROVIDE Petitioner with a form recommended

by the Ninth Circuit Court of Appeals for filing an Application for Leave to File Second or

Successive Petition Under 28 U.S.C. § 2254 or Motion Under 28 U.S.C. § 2255.

IT IS FURTHER ORDERED that the Clerk of the Court SHALL SERVE a copy

of this Order and Petitioner’s January 24, 2006 “Amended Motion for Time Reduction by

an Inmate in Federal Custody, (28 U.S.C. § 2255)” (U.S.D.C. document #56 in CR-01-616-

PHX-FRZ) on Respondent.

DATED this 31st day of January, 2006.

Case 2:01-cr-00616-FRZ Document 59 Filed 02/06/06 Page 2 of 6
Form 12. Application for Leave to File Second or Successive Petition

(New, 7/1/02) Under 28 U.S.C. § 2254 or Motion Under 28 U.S.C. § 2255

UNITED STATES COURT of APPEALS 

for the NINTH CIRCUIT

95 Seventh Street

San Francisco, California 94103

Application for Leave to File Second or Successive Petition 

Under 28 U.S.C. § 2254 or Motion Under 28 U.S.C. § 2255

Docket Number ________________________________________________________________ 

(to be provided by court)

Petitioner's name _______________________________________________________________ 

Prisoner registration number 

Address ______________________________________________________________________ 

Instructions - Read Carefully

(1) This application, whether handwritten or typewritten, must be legible and signed by the petitioner under penalty

of perjury. An original and five (5) copies must be provided to the Clerk of the Ninth Circuit. The application

must comply with 9th Circuit Rule 22-3, which is attached to this form.

(2) All questions must be answered concisely. Add separate sheets if necessary. 

(3) The petitioner shall serve a copy of this application and any attachments on respondent and must complete and

file a proof of service with this application. 

(4) The petitioner shall attach to this application copies of the magistrate judge's report and recommendation and

the district court's opinion in any prior federal habeas proceeding under 28 U.S.C. § 2254 or § 2255 or state why

such documents are unavailable to petitioner.

You Must Answer the Following Questions:

(1) What conviction(s) are you challenging?

______________________________________________________________________________

______________________________________________________________________________

Case 2:01-cr-00616-FRZ Document 59 Filed 02/06/06 Page 3 of 6
(2) In what court(s) were you convicted of these crime(s)?

______________________________________________________________________________

______________________________________________________________________________

(3) What was the date of each of your conviction(s) and what is the length of each sentence?

______________________________________________________________________________

______________________________________________________________________________

For questions (4) through (9), provide information separately for each of your previous §§ 2254

or 2255 proceedings. Use additional pages if necessary.

(4) With respect to each conviction and sentence, have you ever filed a petition or motion for habeas

corpus relief in federal court under 28 U.S.C. § 2254 or § 2255?

Yes G No G

(a) In which federal district court did you file a petition or motion?

________________________________________________________________________

(b) What was the docket number? ______________________________________________

(c) On what date did you file the petition/motion? ___________________________________

(5) What grounds were raised in your previous habeas proceeding? 

(list all grounds and issues previously raised in that petition/ motion)

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

(6) Did the district court hold an evidentiary hearing? Yes G No G

Case 2:01-cr-00616-FRZ Document 59 Filed 02/06/06 Page 4 of 6
(7) How did the district court rule on your petition/motion? 

G District court dismissed petition/motion? If yes, on what grounds?

__________________________________________________________________

G District court denied petition/motion;

G District court granted relief; 

if yes, on what claims and what was the relief?

__________________________________________________________________

(Attach copies of all reports and orders issued by the district court.) 

(8) On what date did the district court decide your petition/motion?

________________________________________________________________________

(9) Did you file an appeal from that disposition? Yes G No G

(a) What was the docket number of your appeal? __________________________________

(b) How did the court of appeals decide your appeal?_______________________________ 

______________________________________________________________________________

______________________________________________________________________________

(10) State concisely each and every ground or issue you wish to raise in your current petition or

motion for habeas relief. Summarize briefly the facts supporting each ground or issue.

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

(11) For each ground raised, was it raised in the state courts? If so, what did the state courts rule

and when? 

________________________________________________________________________

(12) For each ground/issue raised, was this claim raised in any prior federal petition/motion? (list

each ground separately)

________________________________________________________________________

________________________________________________________________________

Case 2:01-cr-00616-FRZ Document 59 Filed 02/06/06 Page 5 of 6
(13) For each ground/issue raised, does this claim rely on a new rule of constitutional law? (list each

ground separately and give case name and citation for each new rule of law)

________________________________________________________________________

________________________________________________________________________

(14) For each ground/issue raised, does this claim rely on newly discovered evidence? What is the

evidence and when did you discover it? Why has this newly discovered evidence not been

previously available to you? (list each ground separately)

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

(15) For each ground/issue raised, does the newly discovered evidence establish your innocence? 

How?

________________________________________________________________________

________________________________________________________________________

(16) For each ground/issue raised, does the newly discovered evidence establish a federal

constitutional error? Which provision of the Constitution was violated and how? 

________________________________________________________________________

________________________________________________________________________

(17) Provide any other basis for your application not previously stated. 

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

Date: __________________ Signature:_________________________________

Proof of Service on Respondent MUST be Attached.

Case 2:01-cr-00616-FRZ Document 59 Filed 02/06/06 Page 6 of 6