(HC) Lupercio v. Visalia Police Department

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

RAMON NAVARRO LUPERCIO, ) Case No.: 1:21-cv-00306-JLT (HC) ) Petitioner, ) ORDER DIRECTING CLERK OF COURT TO ) ASSIGN DISTRICT JUDGE v. ) ) FINDINGS AND RECOMMENDATION TO VISALIA POLICE DEPARTMENT, ) DISMISS PETITION FOR LACK OF Respondent. ) JURISDICTION ) ) [TWENTY-ONE DAY OBJECTION DEADLINE]

On February 10, 2021, Petitioner filed the instant petition for writ of habeas corpus in this Court. Because the petition is successive, the Court will recommend it be DISMISSED. DISCUSSION Rule 4 of the Rules Governing § 2254 Cases requires the Court to make a preliminary review of each petition for writ of habeas corpus. The Court must dismiss a petition “[i]f it plainly appears from the petition . . . that the petitioner is not entitled to relief.” Rule 4 of the Rules Governing § 2254 Cases; see also Hendricks v. Vasquez, 908 F.2d 490, 491 (9th Cir. 1990). A petition for…