Merchant

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 GREGORY C. BONTEMPS, No. 2:22-cv-1741 TLN KJN P Petitioner, v. FINDINGS AND RECOMMENDATIONS JOHN MERCHANT, Respondent. 16 Petitioner, a state prisoner, proceeds pro se with an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On February 16, 2023, respondent filed a motion to dismiss this action as successive. On April 4, 2023, in response to the court’s order to show cause, petitioner filed an opposition. Respondent did not file a reply. As discussed below, it is recommended that the motion be granted, and the petition be dismissed without prejudice. Background Petitioner was convicted in 2010 of spousal abuse, making criminal threats, and intimidating a witness. Petitioner was sentenced to an indeterminate state prison term of 25 years to life on each of the three…