Macomber

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 GREGORY W. STEWART, No. 1:20-cv-01541-NONE-JLT (HC) Petitioner, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS TO DISMISS § 2254

v. PETITION FOR WRIT OF HABEAS

CORPUS

J. MACOMBER, Warden, (Doc. Nos. 1, 6) Respondent. 16 Petitioner Gregory W. Stewart is a state prisoner proceeding in propria persona with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. The habeas petition was referred to a United States Magistrate Judge. See 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On November 6, 2020, the assigned magistrate judge concluded that the habeas petition is a “second or successive” petition1 as defined by 28 U.S.C.A. § 2244, and must be dismissed unless petitioner established that he had sought and obtained authorization from the Ninth Circuit to file a “second or successive” petition. (See Doc. No. 6 at 1–2). Because petitioner failed to obtain such authorization, the magistrate judge issued…