Macomber

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

GREGORY W. STEWART, Case No. 1:23-cv-00374-CDB (HC)

Petitioner, FINDINGS AND RECOMMENDATION THAT (1) THE PETITION FOR WRIT OF HABEAS v. CORPUS BE DISMISSED WITH PREJUDICE,

AND (2) PETITIONER BE DECLARED A

J. MACOMBER, et al. VEXATIOUS LITIGANT

Respondents. (Docs. 1, 6)

16 14-DAY DEADLINE

Petitioner Gregory W. Stewart (“Petitioner”) is a state prisoner proceeding pro se with a

petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. (Doc. 1). On March 28, 2023, the undersigned conducted a preliminary screening of the petition. (Doc. 6). The undersigned found Petitioner had sought relief from this Court on numerous occasions for the same conviction he attacks in this action. See id. at 2-4 (citing cases). Petitioner made no showing that he had obtained prior leave from the Ninth Circuit to file a successive petition. Id. at 4. Further, the undersigned found Petitioner qualified as a vexatious litigant. Id.…