Macomber

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 GREGORY W. STEWART, No. 1:20-cv-01323-NONE-JLT (HC) 12 Petitioner, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS, DISMISSING

13 v. PETITION FOR WRIT OF HABEAS

CORPUS, DECLINING TO ISSUE

14 J. MACOMBER, CERTIFICATE OF APPEALABILITY, AND

DIRECTING THE CLERK OF COURT TO

15 Respondent. ASSIGN DISTRICT JUDGE FOR PURPOSE

OF CLOSING CASE

16 (Doc. Nos. 1, 6) 17 18 19 Petitioner Gregory W. Stewart is a state prisoner proceeding in propria persona with a 20 petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. The instant federal habeas 21 petition was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) 22 and Local Rule 302. After reviewing the petition under Rule 4 of the Rules Governing § 2254 23 Cases, the assigned magistrate judge found that petitioner had presented a “second or successive” 24 petition within the meaning of 28 U.S.C. § 2244(b)(1) and, as a result, recommended that the 25 …