Schuyler

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 MIGUEL GARCIA, JR., Case No. 1:25-cv-0251 JLT SAB (HC) Petitioner, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS, DISMISSING

v. PETITION FOR WRIT OF HABEAS

CORPUS AS AN UNAUTHORIZED

C. SCHUYLER, SUCCESSIVE PETITION, AND DIRECTING

THE CLERK OF COURT TO CLOSE THE

Respondent. CASE

(Doc. 12) Miguel Garcia, Jr., is a state prisoner, proceeding with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. The magistrate judge performed a preliminary review pursuant to Rule 4 of the Rules Governing Section 2254 Cases and found “the instant petition is ‘second or successive’ under § 2244(b)” because “Petitioner previously filed a federal habeas petition in this Court challenging the same conviction, and that petition was denied on the merits.” (Doc. 12 at 2, citing Garcia v. Horel, Case No. 1:07-cv-01105-VRW (E.D. Cal. Nov. 9, 2009).) Because Petitioner did not…