Cruz
(HC) Murillo v. Cruz
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…