Schuyler

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

MIGUEL GARCIA JR., Case No. 1:25-cv-00251-SAB-HC

Petitioner, FINDINGS AND RECOMMENDATION TO

DISMISS PETITION AS UNAUTHORIZED

v. SUCCESSIVE PETITION

C. SCHUYLER, ORDER DIRECTING CLERK OF COURT

TO RANDOMLY ASSIGN DISTRICT

Respondent. JUDGE

16 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. I. DISCUSSION Rule 4 of the Rules Governing Section 2254 Cases requires preliminary review of a habeas petition and allows a district court to dismiss a petition before the respondent is ordered to file a response, if it “plainly appears from the petition and any attached exhibits that the petitioner is not entitled to relief in the district court.” Rule 4, Rules Governing Section 2254 Cases in the United States District Courts, 28 U.S.C. foll. § 2254. A federal court must dismiss a second or…