Does a defendant have to bring a motion before the Court of Appeal to dismiss his prior conviction for a violation of Section 2255 of the Civil Code of Civil Procedure?

Moreover, as petitioner has raised the prior conviction issue already in a 2255 motion, and could have raised the issue of the trial court's use of the prior conviction in that motion, these claims are "second or successive, " and petitioner must obtain authorization from the court of appeals to present these claims. United States v. Lopez, 577 F.3d 1053, 1056-57 (9th Cir. 2009). As petitioner has not obtained such authorization, this court lacks jurisdiction to review the claims. Id. Accordingly, petitioner's claims relating to his federal conviction must be dismissed. As it is apparent that petitioner cannot bring these claims within this court's jurisdiction, dismissal of these claims is without leave to amend. See Lopez v. Smith, 203 F.3d 1122, 1128 (9th Cir. 2000) (indigent prisoner proceeding without counsel must be given leave to file amended complaint unless the court can rule out any possibility that the plaintiff could state a claim).