(HC)Stephen

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 STEPHEN RUSSELL FEGAN, No. 1:23-cv-01520-KES-SKO (HC) 12 Petitioner, FINDINGS AND RECOMMENDATION

TO DISMISS SUCCESSIVE CLAIMS

13 v. [21-DAY DEADLINE] 14 JANAN CAVAGNOLO, Acting Warden, 15 Respondent. 16 17 Petitioner is a state prisoner proceeding pro se and in forma pauperis with a petition for 18 writ of habeas corpus pursuant to 28 U.S.C. § 2254. The matter was remanded from the Ninth 19 Circuit Court of Appeals on June 17, 2025. Pursuant to the District Court’s June 23, 2025, order 20 referring the matter for further proceedings pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 21 302(c)(17), the Court will RECOMMEND the petition and first amended petition be 22 DISMISSED. 23 PROCEDURAL BACKGROUND 24 I. STATE COURT PROCEEDINGS 25 On December 13, 1995, Petitioner was convicted in the Merced County Superior Court of 26 the following counts: (1) First degree murder with personal use of a knife (Cal. Penal Code §§ 27 187 and 12022(b)), with the…