Jess Rico Martinez v. People for the State of California

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JESS RICO MARTINEZ, Case No. 1:25-cv-01214 JLT CDB (HC)

12 Petitioner, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS, DISMISSING

13 v. PETITION FOR WRIT OF HABEAS CORPUS,

DIRECTING THE CLERK OF COURT TO

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

CALIFORNIA, ISSUE CERTIFICATE OF APPEALABILITY

15 Respondent. (Doc. 7) 16 17 Upon preliminary screening of this petition for writ of habeas corpus pursuant to 28 18 U.S.C. § 2254, the assigned magistrate judge issued Findings and Recommendations 19 recommending that the petition for writ of habeas corpus be denied as an unauthorized successive 20 petition and otherwise untimely, and that the court decline to issue a certificate of appealability. 21 (Doc. 7.) Petitioner timely filed objections. (Doc. 12.) 22 Petitioner argues that his petition is not successive because “the factual allegations rest on 23 ‘new [not previously alleged] legal authority’” (id. at 5), specifically,…