(HC) Ortega v. Lemons ( 2023 )

1 2 3 4 5 UNITED STATES DISTRICT COURT 6 FOR THE EASTERN DISTRICT OF CALIFORNIA 7 8 VICTOR ANTHONY ORTEGA, Case No. 2:23-cv-00629-JDP (HC) 9 Petitioner, ORDER DIRECTING THE CLERK OF 10 COURT TO ASSIGN A DISTRICT JUDGE v. TO THIS ACTION 11 MARION E. SPEARMAN, FINDINGS AND RECOMMENDATIONS 12 THAT THE AMENDED PETITION BE Respondents. DISMISSED 13 ECF No. 1 14 Fourteen Day Deadline 15 16 17 Petitioner, proceeding without counsel, seeks a writ of habeas corpus under 28 U.S.C. 18 § 2254. The conviction at issue, which occurred in 2010, was the subject of two previous habeas 19 petitions filed in this court, one of which was decided on the merits. See Ortega v. Spearman, 20 No. 2:13-cv-01913-JKS at ECF Nos. 41 & 50 (denied on the merits and affirmed on appeal); 21 Ortega v. Spearman, No. 2:17-cv-01420-JAM-KJN at ECF No. 7 (finding that petitioner must 22 petition the Ninth Circuit for authorization to file a second petition). The current petition does not 23 indicate that petitioner has obtained authorization to file a successive petition and I recommend 24 that this action be dismissed. If petitioner has, in fact, obtained authorization to file a successive 25 petition, he may indicate as much in his objections to these recommendations. 26 Accordingly, it is ORDERED that the Clerk of Court is directed to assign a district judge 27 to this case. 28 1 2 Further, it is RECOMMENDED that the petition, ECF No. 1, be DISMISSED. 3 These findings and recommendations are submitted to the United States District Judge 4 | assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen days 5 | after being served with these findings and recommendations, any party may file written 6 | objections with the court and serve a copy on all parties. Such a document should be captioned 7 | “Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the 8 | objections shall be served and filed within fourteen days after service of the objections. The 9 | parties are advised that failure to file objections within the specified time may waive the right to 10 || appeal the District Court’s order. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez 11 | v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 12 3 IT IS SO ORDERED. 14 ( ie — Dated: _ April 10, 2023 q——— 15 JEREMY D. PETERSON 16 UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27 28