Ruben Herrera v. People of the State of California

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

9 10 11 RUBEN HERRERA, No. CV 24-0924-MRA (JPR)

12 Petitioner, ORDER ACCEPTING v. MAGISTRATE JUDGE’S REPORT 13 AND RECOMMENDATION 14 PEOPLE OF THE STATE OF CALIFORNIA, et al., 15 Respondents. 16

17 18 Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition, the other 19 records on file herein, the Magistrate Judge’s Report and Recommendation (the 20 “Report”), and Petitioner’s Objections to the Report. 21 The Report recommends the dismissal of this action without prejudice 22 because Petitioner is attempting to challenge his judgment of conviction with an 23 unauthorized successive habeas petition or, to the extent Petitioner is challenging 24 the denial of his motions for DNA testing, his claim should be brought in a civil- 25 rights lawsuit, not a habeas petition. (ECF No. 31.) Petitioner’s Objections to the 26 Report (ECF No. 32) do not warrant a change to the Report’s findings or 27 recommendation. 28 1 Petitioner objects to the Report’s analysis of his…