(HC) Kimbro v. Mule Creek State Prison Warden

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RICHARD KIMBRO, Case No. 1:18-cv-00980-LJO-JDP (HC) Petitioner, FINDINGS AND RECOMMENDATIONS

THAT COURT GRANT RESPONDENT’S

v. MOTION TO DISMISS MULE CREEK STATE PRISON ECF No.

WARDEN,

ORDER DENYING (1) PETITIONER’S Respondent. MOTION TO HAVE PETITION DECIDED WITHOUT OBJECTION FROM

RESPONDENT AND (2) PETITIONER’S

MOTION FOR APPOINTMENT OF

COUNSEL

18 ECF Nos. 11, 12 19 Petitioner Richard Kimbro, a state prisoner without counsel, seeks a writ of habeas corpus under 28 U.S.C. § 2254. ECF No. 1. Respondent moves to dismiss the case, contending that this courts lacks jurisdiction to grant habeas relief because the petition is an unauthorized successive petition. We recommend that the court grant respondent’s motion to dismiss. I. Respondent’s Motion to Dismiss A federal court must dismiss a successive…