Covello

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 WALTER DANNY CEASAR, III., No. 2:20-cv-2140 KJN P Petitioner, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

PATRICK COVELLO, Respondent. 16 Petitioner, a state prisoner proceeding pro se, filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner paid the filing fee. The court’s records reveal that petitioner previously filed an application for a writ of habeas corpus attacking the 2006 conviction and sentence challenged in this case. The previous application1 was filed on February 16, 2010, and was dismissed as barred by the one-year AEDPA statute of limitations. See McNabb v. Yates, 576 F.3d 1028, 1030 (9th Cir. 2009) (dismissal on statute of limitations grounds constitutes disposition on the merits rendering subsequent petition “second or successive”). Before petitioner can proceed with the instant application, he must move in the United States Court of Appeals for the Ninth Circuit for an order…