Jess Rico Martinez v. People for the State of California

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 JESS RICO MARTINEZ, Case No. 1:25-cv-01214 JLT CDB (HC)

Petitioner, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS, DISMISSING

v. PETITION FOR WRIT OF HABEAS CORPUS,

DIRECTING THE CLERK OF COURT TO

PEOPLE FOR THE STATE OF CLOSE THE CASE, AND DECLINING TO

CALIFORNIA, ISSUE CERTIFICATE OF APPEALABILITY

15 Respondent. (Doc. 7) 16 Upon preliminary screening of this petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254, the assigned magistrate judge issued Findings and Recommendations recommending that the petition for writ of habeas corpus be denied as an unauthorized successive petition and otherwise untimely, and that the court decline to issue a certificate of appealability. (Doc. 7.) Petitioner timely filed objections. (Doc. 12.) Petitioner argues that his petition is not successive because “the factual allegations rest on ‘new [not previously alleged] legal authority’” (id. at 5), specifically,…