Warden

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 BRITTANY RENEE GIBSON, No. 2:24-cv-0893 DB P 12 Petitioner, 13 v. ORDER AND FINDINGS AND

RECOMMENDATIONS

14 WARDEN, 15 Respondent. 16 17 Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas 18 corpus pursuant to 28 U.S.C. § 2254. A review of the petition shows that petitioner is challenging 19 the same conviction and sentence she is challenging in a previously filed habeas case - Gibson v. 20 State of California, 2:22-cv-0844 KJM KJN P (E.D. Cal.). That case remains pending. 21 There is no basis for petitioner to proceed on two habeas petitions that challenge the same 22 conviction and sentence. “Plaintiffs generally have ‘no right to maintain two separate actions 23 involving the same subject matter at the same time in the same court and against the same 24 defendant.’” Adams v. California Dep’t of Health Servs., 487 F.3d 684, 688 (9th Cir. 2007) 25 (citation omitted) (affirming the dismissal of a later-filed…