Cruz

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

CIXTO CRUZ MURILLO, Case No. 1:23-cv-00136-JLT-SKO (HC)

Petitioner, FINDINGS AND RECOMMENDATION TO

DISMISS SUCCESSIVE FIRST AMENDED

v. PETITION FOR WRIT OF HABEAS

CORPUS

CRUZ, [TWENTY-ONE DAY OBJECTION Respondent. DEADLINE]

16 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. On December 5, 2022, Petitioner filed a petition for writ of habeas corpus in this Court. (Doc. 1.) The Court conducted a preliminary review of the petition and determined it was successive. On February 2, 2023, the Court issued Findings and Recommendations to dismiss the petition. (Doc. 8.) Petitioner was granted an opportunity to file objections; however, Petitioner instead filed a First Amended Petition. (Doc. 13.) Because the First Amended Petition is also successive, the Court will recommend it be DISMISSED. DISCUSSION Rule 4 of the Rules Governing § 2254 Cases…