(HC) Vera v. 5th Appelate District

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

G. MEMO VERA, Case No. 1:24-cv-01045-SKO (HC)

Petitioner, FINDINGS AND RECOMMENDATION TO

DISMISS PETITION FOR WRIT OF

v. HABEAS CORPUS

5TH APPELLATE DISTRICT, ORDER DIRECTING CLERK OF COURT

TO ASSIGN DISTRICT JUDGE

Respondent. [TWENTY-ONE DAY OBJECTION DEADLINE]

17 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. After conducting a preliminary review of the petition, the Court finds it fails to state a cognizable claim; and to the extent it challenges his conviction, it is successive. The Court will recommend it be DISMISSED. DISCUSSION I. Preliminary Review of Petition Rule 4 of the Rules Governing § 2254 Cases requires the Court to make a preliminary review of each petition for writ of habeas corpus. The Court must dismiss a petition "[i]f it plainly appears from the petition . . . that the petitioner is…