(HC) Lizarraga v. U.S. District Court

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

ALBERTO LIZARRAGA, Case No. 1:23-cv-01543-SKO (HC)

Petitioner, FINDINGS AND RECOMMENDATION TO

DISMISS SUCCESSIVE PETITION FOR

v. WRIT OF HABEAS CORPUS

UNITED STATES DISTRICT COURT, 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 Sacramento Division of this District on September 25, 2023. The petition was transferred to this Court on October 31, 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…