(HC) Jaborie Brown v. Warden ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JABORIE BROWN, ) Case No.: 1:20-cv-01156-JLT (HC) ) 12 Petitioner, ) ORDER DIRECTING CLERK OF COURT TO ) ASSIGN DISTRICT JUDGE 13 v. ) ) FINDINGS AND RECOMMENDATION TO 14 WARDEN, ) DISMISS PETITION AS DUPLICATIVE AND 15 Respondent. ) SUCCESSIVE ) 16 ) [TEN-DAY OBJECTION PERIOD] 17 18 On August 18, 2020, Petitioner filed the instant habeas petition in this Court. (Doc. 1.) 19 Petitioner challenges his March 31, 2005 conviction. Petitioner is already proceeding with a petition 20 challenging this conviction in Brown v. Warden of U.S.P. Atwater, Case No. 1:20-cv-00233-SAB 21 (HC). In that action, the matter is awaiting a response from Respondent. 22 Review of the petitions filed in both actions reveals that the instant petition duplicates the prior 23 petition. A federal court must dismiss a second or successive petition that raises the same grounds as a 24 prior petition. 28 U.S.C. § 2244(b)(1). 25 ORDER 26 Accordingly, the Court DIRECTS the Clerk of Court to assign a District Judge to the case. 27 RECOMMENDATION 28 The Court RECOMMENDS that the petition be dismissed as duplicative and successive. 1 This Findings and Recommendation is submitted to the United States District Court Judge 2 assigned to this case, pursuant to the provisions of 28 U.S.C. § 636 (b)(1)(B) and Rule 304 of the 3 Local Rules of Practice for the United States District Court, Eastern District of California. Within ten 4 days after being served with a copy, Petitioner may file written objections with the Court. Such a 5 document should be captioned “Objections to Magistrate Judge’s Findings and Recommendation.” 6 The Court will then review the Magistrate Judge’s ruling pursuant to 28 U.S.C. § 636 (b)(1)(C). 7 Petitioner is advised that failure to file objections within the specified time may waive the right to 8 appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 9 10 IT IS SO ORDERED. 11 Dated: August 24, 2020 /s/ Jennifer L. Thurston 12 UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28