Macomber

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

RUDOLFO A. ALVAREZ, Case No. 1:23-cv-00968-SKO (HC)

Petitioner, ORDER DIRECTING CLERK OF COURT

TO ASSIGN DISTRICT JUDGE

v.

FINDINGS AND RECOMMENDATION TO

JEFF MACOMBER, Secretary, DISMISS SUCCESSIVE PETITION FOR

WRIT OF HABEAS CORPUS

Respondent. [TWENTY-ONE DAY OBJECTION DEADLINE]

17 On June 28, 2023, Petitioner filed the instant petition for writ of habeas corpus in this Court. Because the petition is successive, the Court will recommend it be DISMISSED. DISCUSSION Rule 4 of the Rules Governing § 2254 Cases requires the Court to make a preliminary review of each petition for writ of habeas corpus. The Court must dismiss a petition "[i]f it plainly appears from the petition . . . that the petitioner is not entitled to relief." Rule 4 of the Rules Governing § 2254 Cases; see also Hendricks v. Vasquez, 908 F.2d 490, 491 (9th Cir. 1990). A petition for habeas corpus should not be dismissed without leave to amend…