Watson v. Price

Filing 7

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 1/26/15 RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Morrison C. England, Jr.; Objections to F&R due within 14 days.(Dillon, M)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 NYLES LAWAYNE WATSON, 12 No. 2:14-cv-2929 MCE GGH P Petitioner, 13 v. 14 J. PRICE, 15 FINDINGS AND RECOMMENDATIONS Respondent. 16 17 18 19 Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The court’s records reveal that petitioner has previously filed an application for a writ of 20 habeas corpus attacking the conviction and sentence challenged in this case. The previous 21 application was filed on May 29, 2003, and was denied on the merits on August 21, 2008. See 22 Watson v. Carey, No. 3:03-cv-1150 LKK EFB. The current petition represents a successive 23 challenge to the same 1996 conviction at issue in petitioner’s prior petition. Before petitioner can 24 proceed with the instant application, he must move in the United States Court of Appeals for the 25 Ninth Circuit for an order authorizing the district court to consider the application. 28 U.S.C. § 26 2244(b)(3). Therefore, petitioner’s application must be dismissed without prejudice to its refiling 27 upon obtaining authorization from the United States Court of Appeals for the Ninth Circuit. 28 IT IS RECOMMENDED that this action be dismissed without prejudice. 1 1 These findings and recommendations are submitted to the United States District Judge 2 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 3 after being served with these findings and recommendations, petitioner may file written 4 objections with the court. The document should be captioned “Objections to Magistrate Judge’s 5 Findings and Recommendations.” Petitioner is advised that failure to file objections within the 6 specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 7 F.2d 1153 (9th Cir. 1991). 8 Dated: January 26, 2015 9 /s/ Gregory G. Hollows 10 UNITED STATES MAGISTRATE JUDGE 11 12 GGH:076/Wats2929.succ 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?