Macomber

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

GREGORY W STEWART, ) Case No.: 1:19-cv-01056-JLT (HC) ) Petitioner, ) FINDINGS AND RECOMMENDATION TO ) DISMISS PETITION FOR LACK OF v. ) JURISDICTION ) J. MACOMBER, ) ORDER DIRECTING CLERK OF COURT TO Respondent. ) ASSIGN DISTRICT JUDGE ) ) [TWENTY-ONE DAY OBJECTION DEADLINE] )

On August 1, 2019, Petitioner filed the instant petition for writ of habeas corpus in this Court. Because the petition is successive, the Court will recommend it be DISMISSED. DISCUSSION Rule 4 of the Rules Governing § 2254 Cases requires the Court to make a preliminary review of each petition for writ of habeas corpus. The Court must dismiss a petition "[i]f it plainly appears from the petition . . . that the petitioner is not entitled to relief." Rule 4 of the Rules Governing § 2254 Cases; see also Hendricks v. Vasquez, 908 F.2d 490, 491 (9th Cir. 1990). A petition for habeas…