Warden

(HC) Fawcett v. Warden

Good Law
United States District Court, Eastern District of CaliforniaOctober 14, 20221:22-cv-00671California2,005 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MARK RANDALL FAWCETT, No. 1:22-cv-00671-HBK (HC) Petitioner, FINDINGS AND RECOMMENDATIONS TO

DISMISS FIRST AMENDED PETITION

v.

FOURTEEN DAY DEADLINE

WARDEN, (Doc. No. 6) Respondent.

ORDER DIRECTING CLERK OF COURT TO

ASSIGN A DISTRICT JUDGE 17 18 Petitioner Mark Randall Fawcett (“Petitioner”), proceeding pro se, initiated this case on June 3, 2022 by filing a petition for writ of habeas corpus under 28 U.S.C. § 2254. (Doc. No. 1). A preliminary screening of the petition revealed that Petitioner failed to name a proper respondent and the petition was illegible. The undersigned granted leave to amend the petition on July 19, 2022, and Petitioner submitted a First Amended Petition on September 7, 2022. (Doc. Nos. 4, 6). For the reasons set forth below, the Court recommends that the First Amended Petition be dismissed because it an unauthorized second or successive petition. Additionally, the First Amended…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.