Ruiz v. Baugman

Background

Rogelio May Ruiz, identified as a state prisoner incarcerated at California State Prison, Sacramento, filed a petition under 28 U.S.C. § 2254 challenging his 2007 conviction and sentence from Santa Clara County Superior Court. The opinion states that Ruiz filed the petition without a lawyer. His first federal petition was dismissed as untimely in a prior related proceeding, No. 17-cv-00338-CRB (N.D. Cal.).

Second-or-successive requirement

The court held that the current petition was a second or successive petition. Under 28 U.S.C. § 2244(b)(3)(A), a petitioner must first obtain authorization from the U.S. Court of Appeals for the Ninth Circuit before filing such a petition in the district court. The court explained that the earlier dismissal as barred by the statute of limitations counted as a decision on the merits for purposes of this requirement. Ruiz had not obtained the required Ninth Circuit authorization.

Ruling

The court dismissed the petition without prejudice to refiling if Ruiz obtains the required authorization from the Ninth Circuit. It also granted Ruiz’s application to proceed in forma pauperis—permission to proceed without prepaying filing fees—based solely on his affidavit of poverty. The clerk was directed to close the case and terminate all pending motions as moot.

Effect

The order did not decide whether Ruiz’s conviction or sentence was legally valid. It ended this district-court proceeding because the required appellate authorization had not been obtained, while leaving the stated possibility of refiling if that authorization is later secured.