(HC) Alvarado v. FBOP USP-ATWATER

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

RAUL DAVID ALVARADO, ) Case No.: 1:19-cv-01367-JLT (HC) ) Petitioner, ) FINDINGS AND RECOMMENDATION TO ) DISMISS PETITION AS DUPLICATIVE AND v. ) SUCCESSIVE ) FBOP USP-ATWATER, Warden, ) ORDER DIRECTING CLERK OF COURT TO Respondent. ) ASSIGN DISTRICT JUDGE ) ) [TEN DAY OBJECTION PERIOD] )

On September 30, 2019, Petitioner filed the instant habeas petition contending that the prison violated Petitioner’s due process rights in the conduct of a prison disciplinary hearing. It has come to the Court’s attention that Petitioner filed a prior petition challenging the same proceedings in Alvarado v. FBOP-USP-Atwater, Case No. 1:19-cv-01283-SKO (HC). In that action, after the Court ordered Respondent to file a response to the petition, Respondent filed a response on December 18, 2019. Review of the petitions filed in both actions reveals that the instant petition is duplicative of the prior…