Borla
(HC) Lopes v. Borla
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MANUEL D. LOPES, No. 2:24-cv-0161-CKD-DAD Plaintiff, v. ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS AND DISMISSING
EDWARD BORLA, HABEAS PETITION AS AN
UNAUTHORIZED SECOND OR
Defendant. SUCCESSIVE PETITION (Doc. No. 7) 17 Petitioner Manuel D. Lopes is a state prisoner proceeding pro se and in forma pauperis with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On February 28, 2024, the assigned magistrate judge issued findings and recommendations recommending that the pending petition (Doc. No. 1) be dismissed for lack of jurisdiction. (Doc. No. 11.) Specifically, the findings and recommendations concluded that the pending petition is a second or successive petition and that petitioner has not first obtained leave from…