(HC) Iseli v. Johnson

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 BRANDEN WILLIE ISELI, No. 2:24-cv-3159 AC P Petitioner, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

WILLIAM D. JOHNSON, Respondent. 16 Petitioner, a state prisoner proceeding pro se, has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. In the instant petition, petitioner challenges his conviction for murder and attempted murder in San Joaquin County Superior Court Case No. STK-CR-FE- 2017-0016638. ECF No. 1 at 2. Although petitioner has not paid the filing fee or filed an application to proceed in forma pauperis, the court will not require him to do so at this time and will instead recommend that the petition be dismissed as second or successive. Under 28 U.S.C. § 2244(b)(3)(A), a second or successive application for habeas relief may not be filed in district court without prior authorization by the court of appeals. Felker v. Turpin, 518 U.S. 651, 657 (1996). Prior authorization is a…