(HC) Gray v. Lynch

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 OLIVER GRAY, No. 2:20-cv-00692-JAM-CKD P Petitioner, v. FINDINGS AND RECOMMENDATIONS J. LYNCH, Respondent. 16 Petitioner, a state prisoner proceeding pro se, has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. On May 1, 2020, the court ordered the petition served on respondent and directed a response to be filed within 60 days. ECF No. 8. Respondent filed a motion to dismiss on June 30, 2020 on the grounds that the habeas petition was an unauthorized second or successive application and, alternatively, that the petition is barred by the statute of limitations. ECF No. 13. Petitioner has not filed an opposition to the motion to dismiss and the time for doing so has expired. For the reasons explained below, the court recommends granting respondent’s motion to dismiss on the ground that the petition is an unauthorized second or successive habeas application.1 ///// 27 1 The court finds…