(HC)Magee v. Sullivan

Filing 20

ORDER to Dismiss Petition as Duplicative and Successive signed by District Judge Jennifer L. Thurston on 01/09/2022. CASE CLOSED.(Flores, E)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 LOUIS MAGEE, Petitioner, 12 13 v. 14 W.J. SULLIVAN, Warden, 15 Respondent. 16 ) Case No.: 1:21-cv-01553 JLT (HC) ) ) ORDER TO DISMISS PETITION AS ) DUPLICATIVE AND SUCCESSIVE ) ) ) ) ) ) 17 On October 21, 2021, Petitioner filed the instant habeas petition in this Court. (Doc. 1.) 18 Petitioner challenges his January 18, 2018 conviction. Petitioner is already proceeding with a petition 19 challenging this conviction in Magee v. Cates, Case No. 1:21-cv-01598-AWI-HBK (HC). In both 20 actions, Respondent filed a notice of related cases. 21 Review of the petitions filed in both actions reveals that the instant petition duplicates the prior 22 petition. A federal court must dismiss a second or successive petition that raises the same grounds as a 23 prior petition. 28 U.S.C. ยง 2244(b)(1). The Court ORDERS that the petition be dismissed as 24 duplicative and successive. 25 26 27 28 IT IS SO ORDERED. Dated: January 9, 2022

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