(HC) Brooks v. People of the State of California

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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8 RENARD BROOKS JR., Case No. 1:22-cv-01414-EPG-HC

9 Petitioner, FINDINGS AND RECOMMENDATION TO

DISMISS PETITION FOR WRIT OF

10 v. HABEAS CORPUS

11 PEOPLE OF THE STATE OF ORDER DIRECTING CLERK OF COURT

CALIFORNIA, TO ASSIGN DISTRICT JUDGE

12 Respondent. 13

14 15 Petitioner Renard Brooks Jr. is a state prisoner proceeding pro se with a petition for writ 16 of habeas corpus pursuant to 28 U.S.C. § 2254. As Petitioner previously sought federal habeas 17 relief with respect to the convictions challenged in the instant petition, the undersigned finds that 18 dismissal of the petition is warranted pursuant to 28 U.S.C. § 2244(b) as an unauthorized 19 successive petition. 20 I. 21 DISCUSSION 22 Rule 4 of the Rules Governing Section 2254 Cases requires preliminary review of a 23 habeas petition and allows a district court to dismiss a petition before the respondent is ordered 24 to file a response, if it “plainly appears from the…