(HC) Dunbar v. Superior Court of California, County of Sacramento

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 EDDIE NELSON DUNBAR, Case No. 2:21-cv-01022-WBS-JDP (HC) 11 Petitioner, FINDINGS AND RECOMMENDATIONS

THAT PETITIONER’S MOTION FOR

12 v. RELIEF FROM JUDGMENT AND TO

APPOINT COUNSEL BE DENIED

13 SUPERIOR COURT OF CALIFORNIA,

COUNTY OF SACRAMENTO, OBJECTIONS DUE IN FOURTEEN DAYS

14 Respondent. ECF No. 14 15

16 17 This petition under section 2254 was dismissed without prejudice on October 6, 2021, 18 after it was determined to be successive; a previous petition had been denied at the district level in 19 2005 and the denial affirmed by the Court of Appeals in 2008. ECF No. 10 at 1-2; ECF No. 12. 20 Petitioner has now filed a motion for relief from judgment and to appoint counsel, arguing that 21 the district court failed to recognize that the dismissed petition was based on evidence that could 22 not have been obtained until 2019. ECF No. 14. The motion fails, however, because petitioner 23 did not obtain authorization from the Court of Appeals for a…