Covello

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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11 ELMAR K. SCOTT, Case No. 1:20-cv-01297-AWI-EPG-HC

12 Petitioner, FINDINGS AND RECOMMENDATION TO

DISMISS PETITION FOR WRIT OF

13 v. HABEAS CORPUS

14 COVELLO, 15 Respondent.

16 17 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus 18 pursuant to 28 U.S.C. § 2254. In the instant petition, Petitioner challenges his 2010 Stanislaus 19 County Superior Court convictions. As Petitioner has sought federal habeas relief with respect to 20 the challenged convictions previously, the undersigned recommends that the petition be 21 dismissed pursuant to 28 U.S.C. § 2244(b) as an unauthorized successive petition. 22 I. 23 DISCUSSION 24 Rule 4 of the Rules Governing Section 2254 Cases requires preliminary review of a 25 habeas petition and allows a district court to dismiss a petition before the respondent is ordered 26 to file a response, if it “plainly appears from the petition and any attached exhibits that…