(HC) Gray v. The People

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 THOMAS EUGENE GRAY, ) Case No.: 1:22-cv-01284 JLT HBK (HC) ) Petitioner, ) ORDER ADOPTING THE FINDINGS AND ) RECOMMENDATIONS, DENYING PETITION v. ) FOR WRIT OF HABEAS CORPUS, ) DIRECTING CLERK OF COURT TO CLOSE THE PEOPLE, ) CASE, AND DECLINING TO ISSUE ) CERTIFICATE OF APPEALABILITY Respondent. ) ) (Docs. 1, 5) ) The assigned magistrate judge conducted a preliminary review under Rule 4 of the Rules Governing Section 2254 Cases, and found the Petition is successive. (Doc. 5.) The magistrate judge noted Petitioner filed a previous petition in this Court challenging the same sentence imposed by the Tulare County Superior Court, and it was dismissed as untimely and for failure to state a cognizable claim in Case No. 1:21-cv-00595-DAD-JLT. (Id. at 2.) In addition, the magistrate judge found “[n]othing in the docket shows that Petitioner obtained an order from the Ninth Circuit…