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UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 NENG SAYPAO PHA, No. 2:19-cv-0893 WBS DB P Petitioner, v. FINDINGS AND RECOMMENDATIONS JARED LOZANO,1 Respondent. 16 Petitioner is a state prisoner proceeding pro se with an application for writ of habeas corpus. Before the court is respondent’s motion to dismiss the petition as successive and/or untimely. For the reasons set forth below, this court will recommend the petition be dismissed. Petitioner challenges a conviction and fifteen-year sentence imposed in 2010 in Sacramento County Superior Court for inflicting corporal injury to a spouse, false imprisonment, and making a criminal threat. (See Pet. (ECF No. 1) at 10; Oppo. Brief (ECF No. 16) at 2.) In 2013, petitioner filed a federal habeas action in this court challenging the same judgment. See Pha v. Swarthout, No. 2:13-cv-1133 MCE GGH (E.D. Cal.). The court denied that petition on the merits on May 19, 2015. Id. (ECF Nos. 33, 35). Petitioner appealed…