Borla

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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11 LEROY TATE JR., Case No. 1:25-cv-01583-SAB-HC

12 Petitioner, FINDINGS AND RECOMMENDATION TO

DISMISS PETITION FOR WRIT OF

13 v. HABEAS CORPUS AS UNAUTHORIZED

SUCCESSIVE PETITION, DENY

14 EDWARD BORLA, PETITIONER’S APPLICATION FOR

LEAVE TO FILE SECOND OR

15 Respondent. SUCCESSIVE PETITION, AND DENY

PETITIONER’S MOTION TO STAY

16 (ECF Nos. 1, 2, 4) 17

ORDER DIRECTING CLERK OF COURT

18 TO RANDOMLY ASSIGN DISTRICT

JUDGE

19 20 I. 21 BACKGROUND 22 Petitioner is a state prisoner currently confined at the California Training Facility, serving 23 a thirty-years-to-life sentence for a murder conviction sustained in the Kings County Superior 24 Court. (ECF No. 1 at 1.1) On November 18, 2025, Petitioner filed the instant federal petition for 25 writ of habeas corpus. (ECF No. 1.) In his sole claim for relief, Petitioner asserts that the 26 prosecution against him was commenced under…