(HC) Iseli v. Lynch

Good Law
United States District Court, Eastern District of CaliforniaNovember 14, 20242:24-cv-00980California838 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 8 BRANDEN WILLIE ISELI, No. 2:24-cv-00980-EFB (HC) Petitioner, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

JEFF LYNCH, Warden, Respondent. 14 Petitioner is a state prisoner proceeding without counsel in this petition for a writ of habeas corpus. 28 U.S.C. § 2254. He challenges his convictions in the Superior Court of San Joaquin County for murder, attempted murder, and elder abuse. ECF No. 1. Petitioner also brings a motion to proceed in forma pauperis. ECF No. 3. For the reasons that follow, the petition must be dismissed as a second or successive petition. A petition is second or successive if it makes “claims contesting the same custody imposed by the same judgment of a state court” that the petitioner previously challenged, and on which the federal court issued a decision on the merits. Burton v. Stewart, 549 U.S. 147, 153-155 (2007); see also Slack v. McDaniel, 529 U.S. 473, 485-86 (2000). Before filing a second or 24…

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