(HC) Garrison v. Lopez, No. 2:2010cv00339 - Document 4 (E.D. Cal. 2010)

Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 02/25/10 ORDERING the clerk of the court shall assign a district judge to this action. U.S. District Judge Lawrence K. Karlton randomly assigned to this action. Also, RECOMMENDING that this action be dismissed. Referred to Judge Lawrence K. Karlton. Objections due within 20 days. (Plummer, M)

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(HC) Garrison v. Lopez Doc. 4 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ALVIS GARRISON, 11 12 13 Petitioner, vs. RAUL LOPEZ, 14 ORDER AND Respondent. 15 FINDINGS AND RECOMMENDATIONS / 16 17 No. CIV S 10-339 GGH P Petitioner, a state prisoner proceeding pro se, has filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner has paid the filing fee. 18 Petitioner challenges his 2000 conviction from Sacramento County for three 19 counts of robbery, one count of attempted robbery and two counts of being a felon in possession 20 of a firearm. 21 Court records indicate that petitioner previously filed a petition in this court 22 challenging the same conviction in Garrison v. Reynolds, CIV S-02-1544 DFL JFM P.1 On 23 March 23, 2005, 02-1544 DFL JFM P was denied on the merits. 24 25 26 1 Judicial notice may be taken of court records. Valerio v. Boise Cascade Corp., 80 F.R.D. 626, 635 n.1 (N.D. Cal. 1978), aff'd, 645 F.2d 699 (9th Cir.), cert. denied, 454 U.S. 1126 (1981). 1 Dockets.Justia.com 1 Before a second or successive application for writ of habeas corpus may be filed 2 in the district court, the applicant shall move in the appropriate court of appeals for an order 3 authorizing the district court to consider the application. 28 U.S.C. § 2244(b)(3)(A). Petitioner 4 has not demonstrated that the Ninth Circuit Court of Appeals has authorized him to proceed with 5 this successive or second application. For that reason, this action must be dismissed. 6 7 Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court shall assign a district judge to this action; 8 IT IS HEREBY RECOMMENDED that this action be dismissed. 9 These findings and recommendations are submitted to the United States District 10 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty 11 days after being served with these findings and recommendations, any party may file written 12 objections with the court and serve a copy on all parties. Such a document should be captioned 13 “Objections to Magistrate Judge’s Findings and Recommendations.” Any reply to the objections 14 shall be served and filed within ten days after service of the objections. The parties are advised 15 that failure to file objections within the specified time may waive the right to appeal the District 16 Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 17 DATED: February 25, 2010 18 /s/ Gregory G. Hollows 19 UNITED STATES MAGISTRATE JUDGE 20 21 gar339.dis 22 23 24 25 26 2

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