# Brown

> District Court, N.D. California · September 25, 2023

URL: https://www.frixlaw.com/law-library/cases/10076586

## Case

- **Court:** District Court, N.D. California
- **Decided:** September 25, 2023
- **Opinion:** 100trialcourt
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/10076586

## Opinion text

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 28 U.S.C. § 2254.
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, 487 F.3d 684,
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

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/10076586. Public record. Not legal advice.