Cates

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 WALTER LEE COLE, No. 2:22-CV-0198-TLN-DMC-P Petitioner,

FINDINGS AND RECOMMENDATIONS

v. B. CATES, Respondent. 16 Petitioner, a state prisoner proceeding pro se, brings this petition for a writ of habeas corpus under 28 U.S.C. § 2254. Pending before the Court is Respondent’s motion, ECF No. 13, to dismiss this petition for lack of jurisdiction as a second or successive petition filed without prior leave of the Ninth Circuit Court of Appeals. Under 28 U.S.C. § 2244(b)(1), “[a] claim presented in a second or successive habeas corpus application . . . that was presented in a prior application shall be dismissed.” Under § 2244(b)(2), “[a] claim presented in a second or successive habeas corpus application . . . that was not presented in a prior application shall be dismissed. . . .” unless one of two circumstances exist. Either the newly raised claim must rely on a new rule of constitutional law, or the factual predicate of…