Steven Carter v. Le Anne Lundy

1 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 4 STEVEN DAVID JAMES CARTER, Case No. EDCV 24-2030 SB (PVC)

Petitioner, ORDER ACCEPTING FINDINGS,

CONCLUSIONS, AND

v. RECOMMENDATIONS OF U.S.

MAGISTRATE JUDGE

LEANNA LUNDY, Respondent. 10 Pursuant to 28 U.S.C. § 636, the Court has reviewed the petition, all the records and files herein, and the Report and Recommendation of the U.S. Magistrate Judge. The time for filing objections to the Report and Recommendation has passed and no objections have been received. 15 The current petition appears to challenge the state court’s denial of the petitioner’s 16 application for resentencing under Cal. Penal Code § 1172.6,1 raising questions of 17 whether it qualifies a “second or successive” petition under 28 U.S.C. § 2244. See Brown 18 v. Atchley, 76 F.4th 862, 872-73 (9th Cir. 2023) (applying the principle that “a petition is 19 not second or successive when it raises claims that were not ripe at the time a prior 20 petition was filed”); see also United States v.…