Spencer

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

GARY RAY BETTENCOURT, Case No. 1:20-cv-01833-EPG-HC

Petitioner, FINDINGS AND RECOMMENDATION TO

DISMISS PETITION FOR WRIT OF

v. HABEAS CORPUS

GORDON SPENCER, ORDER DIRECTING CLERK OF COURT

TO ASSIGN DISTRICT JUDGE

Respondent.

16 Petitioner Gary Ray Bettencourt is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. As Petitioner previously sought federal habeas relief with respect to the convictions and sentence challenged in the instant petition, the undersigned finds that dismissal of the petition is warranted pursuant to 28 U.S.C. § 2244(b) as an unauthorized successive petition. I. BACKGROUND On December 11, 2020, Petitioner filed the instant federal petition for writ of habeas corpus in the Sacramento Division of the United States District Court for the Eastern District of California. (ECF No. 1). On December 30, 2020, the…