(HC) Pha v. Fox, No. 2:2019cv00893 - Document 22 (E.D. Cal. 2019)

Court Description: ORDER signed by Senior Judge William B. Shubb on 10/28/19 ADOPTING 19 Findings and Recommendations and GRANTING 14 Motion to Dismiss. The court declines to issue the certificate of appealability. CASE CLOSED. (Kaminski, H)

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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 NENG SAYPAO PHA, 12 13 14 15 No. 2:19-cv-0893 WBS DB P Petitioner, v. ORDER JARED LOZANO, Respondent. 16 17 Petitioner, a state prisoner proceeding pro se, has filed this application for a writ of habeas 18 corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United States Magistrate 19 Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On September 18, 2019, the magistrate judge filed findings and recommendations herein 21 which were served on all parties and which contained notice to all parties that any objections to 22 the findings and recommendations were to be filed within fourteen days. Petitioner has filed 23 objections to the findings and recommendations. 24 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this 25 court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 26 court finds the findings and recommendations to be supported by the record and by proper 27 analysis. It appears that petitioner filed a prior federal habeas corpus action challenging the same 28 judgment. The prior petition was denied on the merits on May 19, 2015. See Pha v. 1 1 Swarthout, 2:13-cv-1133 MCE GGH. It does not appear that petitioner has obtained permission 2 from the Ninth Circuit to file a successive petition. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. The findings and recommendations filed September 18, 2019, are adopted in full; 5 2. Respondent’s motion to dismiss (ECF No. 14) is granted; 6 3. This action is dismissed without prejudice; and 7 4. The court declines to issue the certificate of appealability referenced in 28 U.S.C. § 8 2253. 9 Dated: October 28, 2019 10 11 12 13 DLB:9/pha0893.805hc 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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