Macomber

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JUSTIN MARCUS ZINMAN, Case No. 2:23-cv-2404-TLN-JDP Petitioner, v. ORDER JEFF MACOMBER, Respondent. 16 17 Petitioner Justin Marcus Zinman (“Petitioner”), a state prisoner, brought this action under 28 U.S. Code Section 2254 challenging his state conviction. (ECF No. 20.) His initial petitions failed to pass screening. (ECF Nos. 11, 16.) After the second amended petition was filed, but before it was screened, Petitioner voluntarily dismissed the case. (ECF No. 22.) Then, in late September, he 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 Cal. Penal Code § 422 is unconstitutional. (Id. at 2.) The magistrate judge recommended those motions be denied (ECF No. 26) noting that the arguments in the motion to vacate were legally frivolous. The Court adopted those recommendations (ECF No. 32) and…