Lemons

UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

7 8 VICTOR ANTHONY ORTEGA, Case No. 2:23-cv-00629-JDP (HC) 9 Petitioner, ORDER DIRECTING THE CLERK OF COURT TO ASSIGN A DISTRICT JUDGE v. TO THIS ACTION

MARION E. SPEARMAN, FINDINGS AND RECOMMENDATIONS

THAT THE AMENDED PETITION BE Respondents. DISMISSED 13 ECF No. 1 14 Fourteen Day Deadline 15 16 Petitioner, proceeding without counsel, seeks a writ of habeas corpus under 28 U.S.C. § 2254. The conviction at issue, which occurred in 2010, was the subject of two previous habeas petitions filed in this court, one of which was decided on the merits. See Ortega v. Spearman, No. 2:13-cv-01913-JKS at ECF Nos. 41 & 50 (denied on the merits and affirmed on appeal); Ortega v. Spearman, No. 2:17-cv-01420-JAM-KJN at ECF No. 7 (finding that petitioner must petition the Ninth Circuit for authorization to file a second petition). The current petition does not indicate that petitioner has obtained authorization to file a successive…