Matteson

(HC) Reyes v. Matteson

Good Law
United States District Court, Eastern District of CaliforniaMarch 12, 20241:24-cv-00075California1,065 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

ISIDRO REYES, Case No. 1:24-cv-00075-EPG-HC

Petitioner, FINDINGS AND RECOMMENDATION

RECOMMENDING DISMISSAL OF

v. PETITION FOR WRIT OF HABEAS

CORPUS AND DENIAL OF PETITIONER’S

GIGI MATTESON, MOTION TO CONDUCT FRANKLIN

HEARING

Respondent. (ECF No. 2)

ORDER DIRECTING CLERK OF COURT

TO ASSIGN DISTRICT JUDGE

18 Petitioner Isidro Reyes is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. For the reasons that follow, the undersigned recommends that the petition be dismissed as an unauthorized successive petition. I. DISCUSSION Rule 4 of the Rules Governing Section 2254 Cases requires preliminary review of a habeas petition and allows a district court to dismiss a petition before the respondent is ordered to file a response, if it “plainly appears from the petition and any attached…

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