CDCR

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

GARY FRANCIS FISHER, ) Case No.: 1:19-cv-01339-JLT (HC) ) Petitioner, ) FINDINGS AND RECOMMENDATION TO ) DISMISS PETITION FOR LACK OF v. ) JURISDICTION ) CDCR, ) ORDER DIRECTING CLERK OF COURT TO Respondent. ) ASSIGN DISTRICT JUDGE ) ) [TWENTY-ONE DAY OBJECTION DEADLINE]

On September 18, 2019, Petitioner, Gary Francis Fisher (also known as Gary Dale Barger and Sonny Barger), 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.…