(HC)Powell
(HC)Powell v. Madden
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ERNEST LEE POWELL, No. 2:17-cv-2031 DB P Petitioner, v. ORDER AND FINDINGS AND
RECOMMENDATIONS
RAYMOND MADDEN, Respondent. 16 Petitioner, a state prisoner proceeding pro se, seeks habeas relief pursuant to 28 U.S.C. § 22541 and has requested leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. (ECF Nos. 2, 7, 9, 10). The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. For the reasons stated below, the court shall grant petitioner’s motion to proceed in forma pauperis. However, the undersigned shall also recommend that this action be summarily dismissed. ////
The pleading filed by petitioner is an Application for Leave to File Second or Successive Petition Under 28 U.S.C. § 2254 or Motion Under 28 U.S.C. § 2255 which petitioner originally 26 filed in the Ninth Circuit Court of Appeals. (See ECF No. 2). However, on September 29, 2017, 27 …