Covello

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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11 XAVIER LUMAR J’WEIAL, Case No. 1:20-cv-01478-EPG-HC

12 Petitioner, FINDINGS AND RECOMMENDATION TO

DISMISS PETITION FOR WRIT OF

13 v. HABEAS CORPUS

14 PATRICK COVELLO, ORDER DIRECTING CLERK OF COURT

TO ASSIGN DISTRICT JUDGE

15 Respondent.

16 17 Petitioner Xavier Lumar J’Weial is a state prisoner proceeding pro se with a petition for 18 writ of habeas corpus pursuant to 28 U.S.C. § 2254. As Petitioner previously sought federal 19 habeas relief with respect to the convictions and sentence challenged in the instant petition, the 20 undersigned finds that dismissal of the petition is warranted pursuant to 28 U.S.C. § 2244(b) as 21 an unauthorized successive petition. 22 I. 23 BACKGROUND 24 On October 8, 2020, Petitioner filed the instant federal petition for writ of habeas corpus 25 in the Sacramento Division of the United States District Court for the Eastern District of 26 California. (ECF No. 1). On October 19, 2020, the…