Cates
(HC) Sanchez v. Cates
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 ALEJANDRO SANCHEZ, Case No. 1:24-cv-00134-KES-SAB-HC
12 Petitioner, FINDINGS AND RECOMMENDATION TO
DISMISS PETITION
13 v. 14 B. CATES, 15 Respondent.
16 17 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus 18 pursuant to 28 U.S.C. § 2254. 19 I. 20 DISCUSSION 21 Rule 4 of the Rules Governing Section 2254 Cases requires preliminary review of a 22 habeas petition and allows a district court to dismiss a petition before the respondent is ordered 23 to file a response, if it “plainly appears from the petition and any attached exhibits that the 24 petitioner is not entitled to relief in the district court.” Rule 4, Rules Governing Section 2254 25 Cases in the United States District Courts, 28 U.S.C. foll. § 2254. 26 A federal court must dismiss a second or successive petition that raises the same grounds 27 as a prior petition. 28 U.S.C. § 2244(b)(1). The court must also dismiss a second or successive petition raising…