Benavidez

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ANTHONY LAVEL ZEIGLER, No. 2:23-cv-01365-DAD-AC (HC) Petitioner, v. ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS AND DISMISSING

J. BENAVIDEZ, HABEAS PETITION AS AN

UNAUTHORIZED SECOND OR

Respondent. SUCCESSIVE PETITION (Doc. No. 11)

17 Petitioner Anthony Lavel Zeigler is a state prisoner proceeding pro se and in forma pauperis with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On August 2, 2023, the assigned magistrate judge issued findings and recommendations recommending that the pending petition (Doc. No. 1) be dismissed for lack of jurisdiction. (Doc. No. 11.) Specifically, the findings and recommendations concluded that the pending petition is a second or successive petition and that petitioner has not first obtained…