Warden

1

2 3 4 5 6 7 8 9 IN THE UNITED STATES DISTRICT COURT 10 FOR THE CENTRAL DISTRICT OF CALIFORNIA 11 12 Case No. CV 20-7846 GW (MRW) 13 CESAR NOEL HERNANDEZ,

REPORT AND RECOMMENDATION

14 Petitioner,

OF UNITED STATES MAGISTRATE

15 v. JUDGE 16 WARDEN, 17 Respondent. 18

19 20 The Court summarily dismisses this action pursuant to the 21 successive habeas petition rule under 28 U.S.C. §§ 2243 and 2244. 22 * * * 23 Original Conviction and Federal Habeas Proceedings 24 1. Petitioner is currently serving a life term in state prison. In 25 2007, a state court jury convicted Petitioner of murder for shooting a man 26 to death at a cockfight. (Docket # 10-1 at 2, 11.) 27 2. In 2009 after the conclusion of his state appeals, Petitioner 28 filed a habeas petition in this Court under 28 U.S.C. § 2254. Hernandez v. 1 Yates, ED CV 09-1133 GW (RNB) (C.D. Cal.). The sole claim in the 2 petition challenged the proof supporting Petitioner’s conviction for 3 premeditated murder. The Court accepted the Report and 4 Recommendation of the previous magistrate…