(HC)Kenneth L. Faulkner v. State of California

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

KENNETH L. FAULKNER, ) Case No.: 1:21-cv-1612 JLT HBK ) Petitioner, ) ORDER ADOPTING FINDINGS AND ) RECOMMENDATIONS, DISMISSING PETITION v. ) FOR WRIT OF HABEAS CORPUS, DECLINING ) TO ISSUE CERTIFICATE OF APPEALABILITY, STATE OF CALIFORNIA, ) AND DIRECTING CLERK OF COURT TO CLOSE ) CASE Respondent. ) ) (Docs. 1, 10) )

Petitioner Kenneth L. Faulkner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. (Doc. 1.) The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On March 24, 2022, the assigned magistrate judge issued Findings and Recommendations finding the pending petition was successive and prohibited by 28 U.S.C. § 2244(b). (Doc. 10 at 2-3.) Therefore, the magistrate judge recommended the petition be dismissed for lack of jurisdiction. (Id. at 3-4.) …