Borla
(HC) Tate v. Borla
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 LEROY TATE, JR., Case No. 1:24-cv-00324-SKO (HC)
12 Petitioner, FINDINGS AND RECOMMENDATION TO
DISMISS SUCCESSIVE PETITION FOR
13 v. WRIT OF HABEAS CORPUS
14 EDWARD BORLA, Warden, ORDER DIRECTING CLERK OF COURT
TO ASSIGN DISTRICT JUDGE
15 Respondent. [TWENTY-ONE DAY OBJECTION 16 DEADLINE]
17 18 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus 19 pursuant to 28 U.S.C. § 2254. He filed the instant petition in this Court on March 18, 2024. 20 Because the petition is successive, the Court will recommend it be DISMISSED. 21 DISCUSSION 22 Rule 4 of the Rules Governing § 2254 Cases requires the Court to make a preliminary 23 review of each petition for writ of habeas corpus. The Court must dismiss a petition "[i]f it 24 plainly appears from the petition . . . that the petitioner is not entitled to relief." Rule 4 of the 25 Rules Governing § 2254 Cases; see also Hendricks v. Vasquez, 908…