Koenig

(HC) Garcia v. Koenig

Good Law
United States District Court, Eastern District of CaliforniaMarch 9, 20211:20-cv-01698California1,209 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RALPH GONZALES GARCIA, Case No. 1:20-cv-01698-HBK Petitioner, FINDINGS AND RECOMMENDATIONS TO

DISMISS PETITION AS SUCCESSIVE1

v.

OBJECTIONS DUE WITHIN THIRTY DAYS

KOENIG, (Doc. No. 1) Respondent.

ORDER DIRECTING CLERK OF COURT TO

ASSIGN DISTRICT JUDGE 17 Petitioner Ralph Gonzales Garcia, a state prisoner, has pending a pro se petition for writ of 18 habeas corpus under 28 U.S.C. § 2254. (Doc. No. 1). This matter is before the court for preliminary 19 review under Rule 4 of the Rules Governing Section 2254 Cases. See R. Governing § 2254 Cases 20 4; 28 U.S.C. § 2243. Under Rule 4, a district court must dismiss a habeas petition if it “plainly 21 appears” that the petitioner is not entitled to relief. See Valdez v. Montgomery, 918 F.3d 687, 693 22 (9th Cir. 2019); Boyd v. Thompson, 147 F.3d 1124, 1127 (9th Cir. 1998). Finding the petition 23 successive, the undersigned recommends that the petition be dismissed. 24 25 26 27 1 This matter was…

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