CDCR

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 GARY FRANCIS FISHER, No. 1:19-cv-01339-DAD-JLT (HC) Petitioner, v. ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS AND DISMISSING

CDCR, PETITION FOR WRIT OF HABEAS

CORPUS FOR LACK OF JURISDICTION

Respondent. (Doc. No. 11)

17 Petitioner Gary Francis Fisher (also known as Gary Dale Barger and Sonny Barger) is a state prisoner proceeding pro se and in forma pauperis with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On October 15, 2019, the assigned magistrate judge issued findings and recommendations, recommending that the pending petition (Doc. No. 1) be dismissed for lack of jurisdiction. (Doc. No. 11.) Specifically, the findings and recommendations concluded that the pending petition is a second or successive petition and that petitioner has not first…