Warden

(HC) Jaborie Brown v. Warden

Good Law
United States District Court, Eastern District of CaliforniaAugust 24, 20201:20-cv-01156California369 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

JABORIE BROWN, ) Case No.: 1:20-cv-01156-JLT (HC) ) Petitioner, ) ORDER DIRECTING CLERK OF COURT TO ) ASSIGN DISTRICT JUDGE v. ) ) FINDINGS AND RECOMMENDATION TO WARDEN, ) DISMISS PETITION AS DUPLICATIVE AND Respondent. ) SUCCESSIVE ) ) [TEN-DAY OBJECTION PERIOD]

17 On August 18, 2020, Petitioner filed the instant habeas petition in this Court. (Doc. 1.) Petitioner challenges his March 31, 2005 conviction. Petitioner is already proceeding with a petition challenging this conviction in Brown v. Warden of U.S.P. Atwater, Case No. 1:20-cv-00233-SAB (HC). In that action, the matter is awaiting a response from Respondent. Review of the petitions filed in both actions reveals that the instant petition duplicates the prior petition. A federal court must dismiss a second or successive petition that raises the same grounds as a prior petition. 28 U.S.C. § 2244(b)(1). …

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