(HC) Hatchett v. Clark

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 CECIL JEROME HATCHETT, No. 2:22-cv-1361 AC P Petitioner, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

KEN CLARK, Respondent. 15 Petitioner, a state prisoner proceeding pro se, seeks habeas relief pursuant to 28 U.S.C. § 2254 and has requested leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. ECF Nos. 1, 4. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. For the reasons stated below, petitioner’s application to proceed in forma pauperis will be granted. In addition, the undersigned will recommend that the petition be summarily dismissed as successive and that the court decline to issue the certificate of appealability. I. IN FORMA PAUPERIS APPLICATION Examination of the in forma pauperis application reveals that petitioner is unable to afford the costs of suit. See ECF No. 4. Accordingly, the application to proceed in forma…