(HC) Fawcett v. Merced County Superior Court

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

MARK FAWCETT, Case No. 1:20-cv-01566-EPG-HC

Petitioner, FINDINGS AND RECOMMENDATION TO

DISMISS PETITION FOR WRIT OF

v. HABEAS CORPUS AND MOTION TO

VACATE CONVICTION OR SENTENCE

MERCED COUNTY SUPERIOR COURT,

ORDER DIRECTING CLERK OF COURT

Respondent. TO ASSIGN DISTRICT JUDGE

(ECF Nos. 1, 4)

16 Petitioner Mark Fawcett is proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. In the petition and motion to vacate, Petitioner challenges his 2014 Merced County Superior Court convictions for vandalism and stalking. As Petitioner has sought federal habeas relief with respect to the challenged convictions previously, the undersigned recommends that the petition be dismissed pursuant to 28 U.S.C. § 2244(b) as an unauthorized successive petition. I. DISCUSSION Rule 4 of the Rules Governing Section 2254 Cases requires…