(HC) Randolph v. Fresno Superior Court
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 WILLIS RANDOLPH, Case No. 1:19-cv-00198-JDP Petitioner, FINDINGS AND RECOMMENDATIONS TO
DISMISS WRIT OF HABEAS CORPUS AS
v. SUCCESSIVE FRESNO SUPERIOR COURT, ECF No. 1 Respondent. ORDER DIRECTING CLERK OF COURT TO
ASSIGN CASE TO DISTRICT JUDGE
OBJECTIONS DUE IN FOURTEEN DAYS
17 Petitioner Willis Randolph, a state prisoner without counsel, filed his fifth petition for a writ of habeas corpus under 28 U.S.C. § 2254 with this court. ECF No. 1. This matter is before the court for preliminary review under Rule 4 of the Rules Governing Section 2254 Cases. Because petitioner has not obtained authorization from the U.S. Court of Appeals of the Ninth Circuit to pursue a successive petition, this court lacks jurisdiction over the case. I recommend that the court dismiss the petition for lack of jurisdiction. Discussion Under Rule 4, a district court must dismiss a habeas petition if it “plainly…