Lizarraga

(HC) Xiong v. Lizarraga

Good Law
United States District Court, Eastern District of CaliforniaOctober 8, 20192:19-cv-00303California889 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 YEE XIONG No. 2:19-cv-0303 AC P Petitioner, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

J. LIZARRAGA, Respondent. 16 Petitioner, a state prisoner proceeding pro se, has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Respondent has filed a motion to dismiss the petition (ECF No. 9), which Petitioner opposes (ECF No. 11). For the reasons stated below, the court finds that this is an unauthorized second or successive petition and will therefore recommend that the petition be dismissed. I. Procedural History In May 2008, Petitioner Yee Xiong was convicted of murder, with additional sentencing enhancements that were found to be true. ECF No. 1 at 1; Lod. Doc. 1 (ECF No. 10-1). As a result, he was sentenced to life without the possibility of parole, as well as a consecutive term of twenty-five years to life and an additional one-year consecutive term. Id.; Lod. Doc. 2 (ECF…

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