Ruben Herrera v. People of the State of California

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

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

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

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