Covello
(HC) Scott v. Covello
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
ELMAR K. SCOTT, Case No. 1:20-cv-01297-AWI-EPG-HC
Petitioner, FINDINGS AND RECOMMENDATION TO
DISMISS PETITION FOR WRIT OF
v. HABEAS CORPUS
COVELLO, Respondent.
16 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. In the instant petition, Petitioner challenges his 2010 Stanislaus County Superior Court convictions. As Petitioner has sought federal habeas relief with respect to the challenged convictions previously, the undersigned recommends that the petition be dismissed pursuant to 28 U.S.C. § 2244(b) as an unauthorized successive petition. I. DISCUSSION Rule 4 of the Rules Governing Section 2254 Cases 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…