Gamboa

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ENRIQUE LOPEZ, ) Case No.: 1:21-cv-01761-JLT-HBK (HC) ) 12 Petitioner, ) ORDER ADOPTING THE FINDINGS AND ) RECOMMENDATIONS, GRANTING 13 v. ) RESPONDENT’S MOTION TO DISMISS, ) DENYING PETITION FOR WRIT OF HABEAS 14 MARTIN GAMBOA, ) CORPUS, DIRECTING CLERK OF COURT TO ) CLOSE CASE, AND DECLINING TO ISSUE 15 Respondent. ) CERTIFICATE OF APPEALABILITY ) 16 ) (Docs. 8, 12) 17 Enrique Lopez is a state prisoner proceeding pro se with a petition for writ of habeas 18 corpus pursuant to 28 U.S.C. § 2254. (Doc. 1.) Respondent seeks dismissal of the petition, 19 arguing that it is successive, untimely, and includes an unexhausted claim. (Doc. 8) 20 On October 31, 2022, the assigned magistrate judge reviewed the petition and determined 21 it was an authorized successive petition. (Doc. 12.) The magistrate judge observed: “Petitioner 22 has filed two previous habeas petitions in this Court, both challenging the same…