Felix Federico Nicolas, Jr v. The Superior Court of California for the County of Santa Barbara

Opinion

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5 UNITED STATES DISTRICT COURT 6 CENTRAL DISTRICT OF CALIFORNIA

7 FELIX FEDERICO NICOLAS, JR., ) NO. CV 25-01005 JFW (KS) 8 ) Petitioner, ) 9 v. ) ORDER ACCEPTING FINDINGS AND 10 ) RECOMMENDATIONS OF UNITED 11 TAMMY L. CAMPBELL, Warden, et ) STATES MAGISTRATE JUDGE al., ) 12 ) 13 Respondents. ) ) _________________________________ 14 15 Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition, the April 30, 2025 Report 16 and Recommendation of United States Magistrate Judge (“Report”), Petitioner’s Objections and 17 additional filings, and all records herein. Having completed its review, the Court OVERRULES 18 the Objections and DENIES Petitioner’s request to file an amended petition (dkt. no. 12) because 19 it would not change the result and would, therefore, be futile. See Klamath-Lake Pharmaceutical 20 Ass’n v. Klamath Medical Service Bureau, 701 F.2d 1276, 1293 (9th Cir. 1983) (affirming the 21 district court’s denial of a motion to amend based on futility where “amendment . . . could not 22 affect the outcome of this lawsuit.”) 23 24 \\ 25 \\ 26 \\ 27 \\ 28 \\ 1 Further, the Court accepts the findings and recommendations set forth in the Report, 2 || Accordingly, IT IS ORDERED that: (1) the Petition is DISMISSED as an unauthorized second o 3 || successive petition under 28 U.S.C. § 2244(b)(2); and (2) Judgment shall be entered dismissin 4 || this action without prejudice. 5 6 IT IS SO ORDERED. 7 8 || DATED: May 29, 2025 ; 9 7 JOHN F. WALTER NITED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28