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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

10 11 ) NORMAN ANTHONY BROWN, ) Case No. EDCV 19-2192-CBM (JEM) 12 ) Petitioner, ) 13 ) ORDER ACCEPTING FINDINGS AND v. ) RECOMMENDATIONS OF UNITED 14 ) STATES MAGISTRATE JUDGE

CYNTHIA TAMPKINS, )

15 ) Respondent. ) 16 ) 17 Pursuant to 28 U.S.C. Section 636, the Court has reviewed the pleadings, the 18 records on file, and the Report and Recommendation of the United States Magistrate 19 Judge. No Objections to the Report and Recommendation have been filed within the time 20 allowed for Objections. The Court accepts the findings and recommendations of the 21 Magistrate Judge. 22 Based on the foregoing, IT IS HEREBY ORDERED: 23 (1) Respondent’s Motion to Dismiss is GRANTED. 24 (2) Pursuant to Ninth Circuit Rule 22-3(a), the Court hereby REFERS the Petition 25 to the Ninth Circuit for consideration as an application for leave to file a second or 26 successive habeas corpus petition. 27 28 1 “Petitioner is advised that this referral alone does not constitute compliance with 2| Circuit Rule 22-3 and 28 U.S.C. § 2255(h). Petitioner must still file a motion for leave to 3] proceed in the Court of Appeals and make the requisite showing” to convince the Ninth Circuit to grant him leave to file this second-or-successive habeas petition.” Henderson v. 5 || Madden, No. LA CV 16-02003-VBF (AGR), 2016 WL 4009873, at *3 n.1, *5-6 (C.D. Cal. June 3, 2016) (collecting cases in which Ninth Circuit district courts issued this advisement to pro se habeas petitioners). Petitioner is directed to consult this statute and Ninth Circuit 8] Rule 22-3 for further information. 9 (3) The Clerk shall send copies of the Petition and this Order to the Ninth Circuit. 10] The Clerk also shall mail Petitioner a copy of Ninth Circuit Rule 22-3 and Ninth Circuit Court 11] of Appeals Form 12, entitled “Application for Leave to File Second or Successive Petition 12] Under 28 U.S.C. § 2254 or Motion Under 28 U.S.C. § 2255.” 13 (4) The Petition is DISMISSED without prejudice to its refiling after Petitioner obtains permission to do so from the Ninth Circuit. 15 (5) Judgment shall be entered accordingly. 16 IT IS SO ORDERED. 7 Lt 42 ee 18] DATED: SEPTEMBER 18, 2020

CONSUELO B. MARSHALL

19 UNITED STATES DISTRICT JUDGE 20 21 22 23 24 25 26 27 28