Warden
(HC) Fawcett v. Warden
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…