Spearman

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

RICHARD ANTHONY HURTADO, ) Case No.: 1:19-cv-01159-DAD-JLT (HC) ) Petitioner, ) FINDINGS AND RECOMMENDATION TO ) GRANT RESPONDENT’S MOTION TO DISMISS v. ) PETITION ) M.E. SPEARMAN, ) [Doc. 13] Respondent. ) ) [THIRTY DAY OBJECTION DEADLINE] )

On August 27, 2019, Petitioner filed the instant petition for writ of habeas corpus in this Court. (Doc. 1.) Petitioner filed a first amended petition on October 28, 2019. (Doc. 7.) Respondent filed a motion to dismiss on January 6, 2020, arguing that the petition is successive. (Doc. 13.) Petitioner filed his opposition on January 23, 2020. (Doc. 15.) Because the petition is successive, the Court will recommend the petition be DISMISSED. DISCUSSION Rule 4 of the Rules Governing Section 2254 Cases allows a district court to dismiss a petition if it “plainly appears from the petition and any attached exhibits that the…