Buenavides

BACKGROUND

Petitioner Eric Dwight Rice, a state prisoner proceeding pro se, has filed an application for writ of habeas corpus under 28 U.S.C. § 2254. See Dkt. 1. Liberally construed, Petitioner challenges his 1990 and 1999 convictions, seeks resentencing under California Proposition 47, and argues that his continued incarceration violates the Constitution. See id. at 4-5. This is Petitioner’s fourth attempt at federal habeas relief. In 2002, Petitioner filed a federal habeas corpus petition in the Eastern District of California, which was denied on the merits. See Rice v. Pliler, No. 02-0848 (E.D. Cal. 2002). In 2015, Petitioner filed a second federal habeas corpus petition in this Court, which was dismissed as second or successive. See Rice v. CDCR, No. 15-02419 (C.D. Cal. 2015). In 2020, Petitioner filed a third federal habeas petition in this Court, which was dismissed as second or successive and Case 2:22-cv-02080-JFW-DFM Document Filed 05/12/ Page 2of4 Page ID#:

because his resentencing claims were not cognizable on federal habeas review. See Rice v. Newsom, No. 20-03235 (C.D. Cal. 2020). Accordingly, the Magistrate Judge ordered Petitioner to show cause why the…