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

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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

12 Petitioner, FINDINGS AND RECOMMENDATION

RECOMMENDING DISMISSAL OF

13 v. PETITION FOR WRIT OF HABEAS

CORPUS AND DENIAL OF PETITIONER’S

14 GIGI MATTESON, MOTION TO CONDUCT FRANKLIN

HEARING

15 Respondent. (ECF No. 2) 16

ORDER DIRECTING CLERK OF COURT

17 TO ASSIGN DISTRICT JUDGE

18 19 Petitioner Isidro Reyes is a state prisoner proceeding pro se with a petition for writ of 20 habeas corpus pursuant to 28 U.S.C. § 2254. For the reasons that follow, the undersigned 21 recommends that the petition be dismissed as an unauthorized successive petition. 22 I. 23 DISCUSSION 24 Rule 4 of the Rules Governing Section 2254 Cases requires preliminary review of a 25 habeas petition and allows a district court to dismiss a petition before the respondent is ordered 26 to file a response, if it “plainly appears from the petition and any attached…

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