Borla

(HC) Lopes v. Borla

Good Law
United States District Court, Eastern District of CaliforniaOctober 1, 20242:24-cv-00161California935 words

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…

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