Warden

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

NICHOLAS STONE, Case No. 1:23-cv-01441-SKO (HC)

Petitioner, FINDINGS AND RECOMMENDATION TO

DISMISS SUCCESSIVE PETITION FOR

v. WRIT OF HABEAS CORPUS

WARDEN, ORDER DIRECTING CLERK OF COURT

TO ASSIGN DISTRICT JUDGE

Respondent. [TWENTY-ONE DAY OBJECTION DEADLINE]

17 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. He filed the instant petition in the Central District on September 13, 2023. The petition was transferred to this Court on October 4, 2023. 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." …