Bird

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 THOMAS CHARLES SCOTT, Case No. 2:23-cv-00936-JDP (HC) Petitioner, ORDER AND FINDINGS AND

RECOMMENDATIONS

v.

LANDON BIRD, Respondent. 16 Petitioner, a state prisoner proceeding without counsel, seeks a writ of habeas corpus under 28 U.S.C. § 2254. After reviewing the petition, I find that it is successive and, thus, impermissible. Petitioner acknowledges that he previously attacked the relevant conviction in a separate case in this district. See Scott v. Sherman, No. 2:16-cv-01957-JAM-KJN. In that case, Judge Newman recommended that the petition be denied, id. at ECF No. 27, and those recommendations were adopted by Judge Mendez, id. at ECF No. 35. A successive petition may be considered only if the Ninth Circuit Court of Appeals grants its authorization. See Cooper v. Calderon, 274 F.3d 1270, 1274 (9th Cir. 2001) (“When the AEDPA is in play, the district court may not, in the absence of proper authorization from the court of appeals,…