Borla

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

LEROY TATE, JR., Case No. 1:25-cv-01704-SKO (HC)

Petitioner, FINDINGS AND RECOMMENDATION TO

DISMISS DUPLICATIVE AND

SUCCESSIVE PETITION FOR WRIT OF

HABEAS CORPUS AND DENY MOTION

v. FOR STAY

[Docs. 1, 3]

EDWARD BORLA, Warden, ORDER DIRECTING CLERK OF COURT

TO ASSIGN DISTRICT JUDGE

Respondent. [TWENTY-ONE DAY OBJECTION DEADLINE]

19 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. He filed the instant petition in this Court on November 28, 2025. He also filed a motion for stay and abeyance. Because the petition is duplicative and successive, the Court will recommend it be DISMISSED and the motion for stay be DENIED. DISCUSSION I. Preliminary Review of Petition Rule 4 of the Rules Governing § 2254 Cases requires the Court to make a preliminary 27 …