Thyrone Ryan Stewart v. James Hill

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

THYRONE RYAN STEWART, Case No. EDCV 23-0544-MWF (KS)

Petitioner

ORDER ACCEPTING REPORT

v. AND RECOMMENDATION OF

UNITED STATES MAGISTRATE

JAMES HILL, et al., JUDGE AND DENYING A

CERTIFICATE OF

Respondents. APPEALABILITY

16 On June 7, 2023, the assigned Magistrate Judge issued a Report and Recommendation (“Report”) recommending the Court dismiss this action without prejudice because the operative First Amended Petition (“FAP”) was an unauthorized second or successive petition under 28 U.S.C. § 2244(b)(2). (Docket No. 12). That same day, the Clerk of the Court issued a notice to Petitioner that he could file objections to the Report. (Docket No. 11). However, no objections were received. On July 24, 2023, the United States Court of Appeals for the Ninth Circuit issued an order explaining that Petitioner had filed a federal habeas petition in that court that references this action and…