(HC) Alvarado v. FBOP USP-ATWATER ( 2019 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 RAUL DAVID ALVARADO, ) Case No.: 1:19-cv-01367-JLT (HC) ) 12 Petitioner, ) FINDINGS AND RECOMMENDATION TO ) DISMISS PETITION AS DUPLICATIVE AND 13 v. ) SUCCESSIVE ) 14 FBOP USP-ATWATER, Warden, ) ORDER DIRECTING CLERK OF COURT TO 15 Respondent. ) ASSIGN DISTRICT JUDGE ) 16 ) [TEN DAY OBJECTION PERIOD] ) 17 18 On September 30, 2019, Petitioner filed the instant habeas petition contending that the prison 19 violated Petitioner’s due process rights in the conduct of a prison disciplinary hearing. It has come to 20 the Court’s attention that Petitioner filed a prior petition challenging the same proceedings in Alvarado 21 v. FBOP-USP-Atwater, Case No. 1:19-cv-01283-SKO (HC). In that action, after the Court ordered 22 Respondent to file a response to the petition, Respondent filed a response on December 18, 2019. 23 Review of the petitions filed in both actions reveals that the instant petition is duplicative of the 24 prior petition. A federal court must dismiss a second or successive petition that raises the same 25 grounds as a prior petition. 28 U.S.C. § 2244(b)(1). 26 ORDER 27 Accordingly, the Court DIRECTS the Clerk of Court to assign a District Judge to the case. 28 /// 1 RECOMMENDATION 2 The Court RECOMMENDS that the petition be dismissed as duplicative and successive. 3 This Findings and Recommendation is submitted to the United States District Court Judge 4 assigned to this case, pursuant to the provisions of 28 U.S.C. § 636 (b)(1)(B) and Rule 304 of the 5 Local Rules of Practice for the United States District Court, Eastern District of California. Within ten 6 days after being served with a copy, Petitioner may file written objections with the Court. Such a 7 document should be captioned “Objections to Magistrate Judge’s Findings and Recommendation.” 8 The Court will then review the Magistrate Judge’s ruling pursuant to 28 U.S.C. § 636 (b)(1)(C). 9 Petitioner is advised that failure to file objections within the specified time may waive the right to 10 appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 11 12 IT IS SO ORDERED. 13 Dated: December 27, 2019 /s/ Jennifer L. Thurston 14 UNITED STATES MAGISTRATE JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28