(HC) Barton v. Superior Court of San Joaquin County

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 WILLIAM BARTON, No. 2:23-cv-02176-CKD P Petitioner, v. ORDER AND SUPERIOR COURT OF SAN JOAQUIN FINDINGS AND RECOMMENDATIONS

COUNTY,

15 Respondent. 16 Petitioner, a state prisoner proceeding pro se, has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 along with a motion to proceed in forma pauperis. Currently pending before the court is petitioner’s first amended § 2254 petition docketed on November 16, 2023 which supersedes the original petition. For the reasons that follow, the undersigned recommends that the amended petition be summarily dismissed as an unauthorized second or successive habeas application. I. Factual and Procedural History The amended § 2254 application challenges petitioner’s 1976 conviction in the San Joaquin County Superior Court on two counts of murder. ECF No. 5 at 2. Petitioner was sentenced to serve two consecutive terms of 5 years to life in prison. ECF No. 5…