Fisher

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JOSÉ GUADALUPE CALDERÓN, No. 2:19-CV-02346-JAM-DMC-P Petitioner, v. FINDINGS AND RECOMMENDATIONS R. FISHER, JR., Respondent. 16 Petitioner, a state prisoner proceeding pro se, brings this petition for a writ of habeas corpus under 28 U.S.C. § 2254. Instead of a determination of whether his detention is lawful, however, Petitioner seeks return of money that he alleges the Sacramento Police Department illegally confiscated. ECF No. 1 at 5–7. Pending before the Court is Respondent’s motion to dismiss. ECF No. 12. Respondent argues (1) that the petition is successive and lacks proper authorization from the United States Court of Appeals for the Ninth Circuit, (2) that the petition is untimely, and (3) that Petitioner fails to state a cognizable claim for habeas corpus. Id. at 1. Petitioner has not filed a response. The Court concludes that Petitioner has failed to state a cognizable claim for habeas relief and recommends…