Cruz

(HC) Murillo v. Cruz

Good Law
United States District Court, Eastern District of CaliforniaApril 6, 20231:23-cv-00136California909 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 CIXTO CRUZ MURILLO, No. 1:23-cv-0136 JLT SKO (HC) Petitioner, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS

(Doc. 15)

v. ORDER DISMISSING PETITION FOR WRIT

OF HABEAS CORPUS, DIRECTING CLERK

OF COURT TO ENTER JUDGMENT AND

CLOSE CASE

CRUZ,

ORDER DECLINING TO ISSUE

Respondent. CERTIFICATE OF APPEALABILITY 18 Cixto Cruz Murillo is a state prisoner proceeding pro se and in forma pauperis with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. The magistrate judge determined the petition is successive. (Doc. 15 at 2-3.) In addition, the magistrate judge found Petitioner did not show he “obtained prior leave from the Ninth Circuit to file his successive petition attacking the conviction.” (Id. at 4.) Thus, the magistrate judge found “this Court has no jurisdiction to consider Petitioner's renewed application for relief from that…

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