Warden

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MARK RANDALL FAWCETT, No. 1:22-cv-00671-ADA-HBK (HC) 12 Petitioner, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS, DISMISSING FIRST

13 v. AMENDED PETITION FOR WRIT OF

HABEAS CORPUS, DIRECTING CLERK OF

14 WARDEN, COURT TO CLOSE CASE, AND

DECLINING TO ISSUE CERTIFICATE OF

15 Respondent. APPEALABILITY 16 (ECF Nos. 6, 8) 17 18 Petitioner Mark Randall Fawcett (“Petitioner”) is a state prisoner proceeding pro se with 19 his first amended petition for writ of habeas corpus brought pursuant to 28 U.S.C. § 2254. (ECF 20 No. 6.) This matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 21 636(b)(1)(B) and Local Rule 302. 22 On October 14, 2022, the assigned Magistrate Judge issued findings and recommendations 23 recommending that the pending first amended petition be dismissed for failure to state a 24 cognizable claim, and in the alternative, as an unauthorized…