Macomber

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10

11 GREGORY W STEWART, ) Case No.: 1:20-cv-01541-JLT (HC) ) 12 Petitioner, ) ORDER DIRECTING CLERK OF COURT TO ) ASSIGN DISTRICT JUDGE 13 v. ) ) FINDINGS AND RECOMMENDATION TO 14 J. MACOMBER, Warden, ) DISMISS PETITION FOR LACK OF 15 Respondent. ) JURISDICTION ) 16 ) [TWENTY-ONE DAY OBJECTION DEADLINE]

17 On October 30, 2020, Petitioner filed the instant petition for writ of habeas corpus in this 18 Court. Because the petition is successive, the Court will recommend it be DISMISSED. 19 DISCUSSION 20 Rule 4 of the Rules Governing § 2254 Cases requires the Court to make a preliminary review 21 of each petition for writ of habeas corpus. The Court must dismiss a petition “[i]f it plainly appears 22 from the petition . . . that the petitioner is not entitled to relief.” Rule 4 of the Rules Governing § 2254 23 Cases; see also Hendricks v. Vasquez, 908 F.2d 490, 491 (9th Cir. 1990). A petition for habeas…