(HC) Hiracheta v. Clark

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ANTHONY HIRACHETA, Case No. 1:19-cv-00988-DAD-JDP (HC) Petitioner, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS AND DISMISSING

v. PETITION FOR WRIT OF HABEAS

CORPUS FOR LACK OF JURISDICTION

KEN CLARK, (Doc. No. 4) Respondent. 16 Petitioner Anthony Hiracheta is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a magistrate judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On August 1, 2019, the assigned magistrate judge issued findings and recommendations recommending that the petition be dismissed for lack of jurisdiction. (Doc. No. 4.) Specifically, the magistrate judge found that the pending petition is a second or successive petition and that petitioner has not obtained leave from the Ninth Circuit Court of Appeals to proceed with such a petition. (Id. at 2–3.) The findings and recommendations were served on…