(HC) Murphy v. Johnson, No. 2:2016cv00429 - Document 4 (E.D. Cal. 2016)
Court Description: ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 3/4/2016 GRANTING petitioner's 2 request to proceed IFP; and the Clerk shall assign a district judge to this case. IT IS RECOMMENDED that this action be dismissed without prejudice. Assigned and referred to Judge John A. Mendez; Objections due within 14 days. (Yin, K)
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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CARMEL MURPHY, 12 13 14 15 No. 2:16-cv-0429 CKD P Petitioner, v. ORDER AND WARDEN D.K. JOHNSON, FINDINGS AND RECOMMENDATIONS Respondent. 16 17 Petitioner, a state prisoner proceeding pro se, has filed a petition for a writ of habeas 18 corpus pursuant to 28 U.S.C. § 2254 together with a request to proceed in forma pauperis 19 pursuant to 28 U.S.C. § 1915. Examination of the request to proceed in forma pauperis reveals 20 that petitioner is unable to afford the costs of suit. Accordingly, the request for leave to proceed 21 in forma pauperis will be granted. See 28 U.S.C. § 1915(a). 22 Under Rule 4 of the Rules Governing Section 2254 Cases, the court must review all 23 petitions for writ of habeas corpus and summarily dismiss any petition if it is plain that the 24 petitioner is not entitled to relief. The court has conducted that review. 25 Court records reveal that petitioner has previously filed a petition for a writ of habeas 26 corpus attacking the conviction and sentence challenged in this case. See Murphy v. Miller, 2:11- 27 cv-1523 JAM CMK P. Before petitioner can proceed with the instant successive petition, she 28 must obtain authorization from United States Court of Appeals for the Ninth Circuit pursuant to 1 1 28 U.S.C. § 2244(b)(3). Because it does not appear that petitioner has obtained the required 2 authorization, petitioner’s habeas petition must be dismissed. 3 Accordingly, IT IS HERBY ORDERED that 4 1. Petitioner’s request for leave to proceed in forma pauperis (ECF No. 2) is granted; and 5 2. The Clerk of the Court is directed to assign a district court judge to this case. 6 IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. 7 These findings and recommendations are submitted to the United States District Judge 8 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 9 after being served with these findings and recommendations, petitioner may file written 10 objections with the court. The document should be captioned “Objections to Magistrate Judge’s 11 Findings and Recommendations.” Petitioner is advised that failure to file objections within the 12 specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 13 F.2d 1153 (9th Cir. 1991). 14 Dated: March 4, 2016 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 15 16 17 18 19 20 1 murp0429.suc 21 22 23 24 25 26 27 28 2
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