Macomber

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JUSTIN MARCUS ZINMAN, Case No. 2:23-cv-2404-TLN-JDP (P) Petitioner, v. FINDINGS AND RECOMMENDATIONS JEFF MACOMBER, Respondent. 16 17 Petitioner, a state prisoner, brought this action under section 2254 challenging his state conviction. ECF No. 20. His initial petitions failed to withstand screening. ECF Nos. 11 & 16. After the second amended petition was filed but before it was screened, petitioner moved to voluntarily dismiss the case. ECF No. 22. He stated that “[he] simply changed his mind and has no interest in prosecuting any cases whatsoever.” Id. at 1. The case was closed pursuant to that request on September 13, 2024. ECF No. 23. Then, in late September, petitioner filed a notice of intent to file a preliminary injunction, ECF No. 24, and a motion to vacate the closing of the case, ECF No. 25, arguing that the case should proceed on a theory that California Penal Code section 422 is unconstitutional. Id. at 2. I…