David Randolph Smith v. Mona D. Houston

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

9 10 DAVID RANDOLPH SMITH, Case No. 2:20-cv-02641-JGB (AFM) Petitioner,

ORDER (1) ACCEPTING FINDINGS

v. AND RECOMMENDATIONS OF MONA D. HOUSTON, Warden, UNITED STATES MAGISTRATE

JUDGE AND (2) REFERRING

Respondent. PETITIONER’S REQUEST FOR

AUTHORIZATION TO NINTH

CIRCUIT (ECF NO. 19) 17 18 Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition, records on 19 file and the Report and Recommendation (“Report”) of United States Magistrate 20 Judge. Further, the Court has engaged in a de novo review of those portions of the 21 Report to which objections have been made. Petitioner’s objections are overruled. 22 Petitioner has also filed a Request for Authorization to File a Second or 23 Successive Petition. (ECF No. 19.) Although the caption indicates that Petitioner 24 intended to file it in the Ninth Circuit Court of Appeals, the petition was filed in this 25 Court. Ninth Circuit Rule 22-3(a) states, in pertinent part, that “[i]f a second or 26…