(HC)Henderson

(HC)Henderson v. State of California

Good Law
United States District Court, Eastern District of CaliforniaAugust 26, 20202:20-cv-01305California462 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 LANCE K. HENDERSON, No. 2:20-cv-1305 KJM DB P Petitioner, v. FINDINGS AND RECOMMENDATIONS STATE OF CALIFORNIA, Respondents. 16 Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner has paid the $5 filing fee. In this action, petitioner challenges his 2004 conviction from the Sacramento County Superior Court. Court records indicate that petitioner has previously brought a habeas petition in this court challenging the same conviction, Case No. 06-cv-2369 JAM CMK P.1 On October 15, 2008, the court denied petitioner’s habeas petition, and the Ninth Circuit denied petitioner’s appeal on March 8, 2010. In the instant case, petitioner is attempting to bring a second or successive petition. However, before a second or successive petition is filed in the district court, the applicant is required to move in the appropriate court of appeals…

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