Sexton

(HC) Thomas J. Shadden, Jr. v. Sexton

Bad Law
United States District Court, Eastern District of CaliforniaJune 18, 20201:20-cv-00604California1,114 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 THOMAS J. SHADDEN, JR., No. 1:20-cv-00604-DAD-SAB (HC) Petitioner, ORDER ADOPTING FINDINGS AND

RECOMMENDATION, DISMISSING

v. PETITION FOR WRIT OF HABEAS

CORPUS, DENYING MOTION FOR

MICHAEL SEXTON, APPOINTMENT OF COUNSEL, DIRECTING

CLERK OF COURT TO CLOSE CASE, AND

Respondent. DECLINING TO ISSUE CERTIFICATE OF

APPEALABILITY

16 (Doc. Nos. 6, 7) 17 18 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a U.S. Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On May 21, 2020, the assigned magistrate judge issued findings and recommendations recommending that the petition be dismissed for lack of jurisdiction. (Doc. No. 6.) Specifically, the magistrate judge found that the pending petition is a second or successive petition and that petitioner has not first obtained leave from the…

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