(HC)Viera

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DANIEL HECTOR VIERA, No. 2:19-cv-1965 AC P Petitioner, v. ORDER and SUZANNE M. PEERY, FINDINGS AND RECOMMENDATIONS Respondent. 16 Petitioner is a state prisoner proceeding with counsel under 28 U.S.C. § 2254. The instant petition for writ of habeas corpus was initially filed on August 13, 2019 in the United States District Court for the Northern District of California. It was transferred to this district on September 25, 2019. Court records reveal that petitioner had already filed an identical petition in this district, containing the same allegations against the same respondents. See Case No. 2:19-cv- 1573 DMC P. Petitioner’s counsel informs the court that the instant petition was filed inadvertently and acknowledges it is “identical” to the petition already pending in this district. See ECF No. 6. Due to the duplicative nature of the present action, the undersigned recommends its dismissal. 27 1 …