Borla

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

LEROY TATE, JR., Case No. 1:24-cv-00324-SKO (HC)

Petitioner, FINDINGS AND RECOMMENDATION TO

DISMISS SUCCESSIVE PETITION FOR

v. WRIT OF HABEAS CORPUS

EDWARD BORLA, 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 this Court on March 18, 2024. 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." Rule 4 of the Rules Governing § 2254 Cases; see also Hendricks v. Vasquez, 908…