Macomber

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

GREGORY W. STEWART, Case No. 1:20-cv-00969-SAB-HC

Petitioner, FINDINGS AND RECOMMENDATION

RECOMMENDING DISMISSAL OF

v. PETITION FOR WRIT OF HABEAS

CORPUS

J. MACOMBER,

ORDER DIRECTING CLERK OF COURT

Respondent. TO RANDOMLY ASSIGN DISTRICT

JUDGE

16 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. I. DISCUSSION Rule 4 of the Rules Governing Section 2254 Cases in the United States District Courts requires preliminary review of a habeas petition and allows a district court to dismiss a petition before the respondent is ordered to file a response, if it “plainly appears from the petition and any attached exhibits that the petitioner is not entitled to relief in the district court.” See McFarland v. Scott, 512 U.S. 849, 856 (1994). A federal court must dismiss a second or successive petition that raises the same…