Macomber

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 RUDOLFO A. ALVAREZ, No. 1:23-cv-00968-JLT-SKO (HC)

Petitioner, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS; DISMISSING

v. PETITION FOR WRIT OF HABEAS

CORPUS; DECLINING TO ISSUE

JEFF MACOMBER, Secretary, CERTIFICATE OF APPEALABILITY; AND

DIRECTING CLERK OF COURT TO ENTER

Respondent. JUDGMENT AND CLOSE CASE (Doc. 5) 16 The assigned Magistrate Judge issued Findings and Recommendations to dismiss this petition as successive. (Doc. 5.) Petitioner filed objections to the Findings and Recommendations. (Doc. 6.) According to 28 U.S.C. § 636 (b)(1)(C), the Court has conducted a de novo review of the case. In his objections, Petitioner contends that he is not challenging his conviction or sentence. However, in his petition, Petitioner claims that his 25 years-to-life sentence pursuant to a three- strike enhancement was a draconic and archaic sentence constituting cruel and unusual punishment. (Doc. 1 at…