Phillips

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 LARRY BANKS, Case No. 1:23-cv-00175-CDB (HC)

12 Petitioner, FINDINGS AND RECOMMENDATIONS TO

DISMISS PETITION WITHOUT LEAVE TO

13 v. AMEND

14 PHILLIPS, Warden, (Doc. 1)

15 Respondent. OBJECTIONS DUE WITHIN 21 DAYS

16 Clerk of the Court to Assign District Judge

17 Clerk of the Court to Update Docket and Effect Service Upon Petitioner 18

19 20 Petitioner Larry Banks (“Petitioner”), a state prisoner, proceeds pro se and in forma 21 pauperis with a petition for writ of habeas corpus filed under 28 U.S.C. § 2254. (Doc. 1). 22 Because the petition is successive and fails to state a cognizable federal claim, the undersigned 23 recommends that the petition be dismissed. 24 Background 25 Petitioner is currently serving a term of life in prison following his 2009 jury conviction 26 for first degree murder with use of a knife during commission of the murder. See Banks v. 27 …