Borders

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ALFRED L. BROOKS, No. 2:19-CV-02277-JAM-DMC-P Petitioner, v. FINDINGS AND RECOMMENDATIONS DEAN BORDERS, Respondent. 16 Petitioner, a state prisoner proceeding pro se, brings this petition for a writ of habeas corpus under 28 U.S.C. § 2254. Pending before the Court is Respondent’s Motion to Dismiss. ECF No. 12. Respondent argues (1) that Petitioner’s petition is successive, and he did not receive permission from the United States Court of Appeals for the Ninth Circuit to file a successive petition, and (2) alternatively, that his federal petition is untimely. Id. at 3–4. Petitioner first responds that his petition is not successive because he has raised a new claim based on the United States Supreme Court’s ruling in Johnson v. United States, 576 U.S. 591 (2015). ECF No. 16 at 1– 2. He secondly responds that the Court may entertain his petition because a fundamental miscarriage of justice has occurred and…