(HC) Garcia v. Schuyler

Opinion

1 2 3 4 5 6 7 10 11 MIGUEL GARCIA, JR., Case No. 1:25-cv-0251 JLT SAB (HC) 12 Petitioner, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, DISMISSING 13 v. PETITION FOR WRIT OF HABEAS CORPUS AS AN UNAUTHORIZED 14 C. SCHUYLER, SUCCESSIVE PETITION, AND DIRECTING THE CLERK OF COURT TO CLOSE THE 15 Respondent. CASE

16 (Doc. 12) 17 Miguel Garcia, Jr., is a state prisoner, proceeding with a petition for writ of habeas corpus 18 pursuant to 28 U.S.C. § 2254. The magistrate judge performed a preliminary review pursuant to 19 Rule 4 of the Rules Governing Section 2254 Cases and found “the instant petition is ‘second or 20 successive’ under § 2244(b)” because “Petitioner previously filed a federal habeas petition in this 21 Court challenging the same conviction, and that petition was denied on the merits.” (Doc. 12 at 2, 22 citing Garcia v. Horel, Case No. 1:07-cv-01105-VRW (E.D. Cal. Nov. 9, 2009).) Because 23 Petitioner did not obtain leave from the Ninth Circuit to file a successive petition, the magistrate 24 judge determined this Court lacks jurisdiction. (Id.) Therefore, the magistrate judge 25 recommended the Court dismiss the petition. (Id.) 26 The Court served the Findings and Recommendations on Petitioner and notified him that 27 any objections were due within 30 days. (Doc. 12 at 3.) The Court advised him that the “failure 28 to file any objections within the specified time may waive the right to appeal the District Court’s 1 order.” (d., citing Wilkerson v. Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014).) Petitioner did 2 | not file objections, and the time to do so has passed. 3 According to 28 U.S.C. § 636(b)(1), this Court performed a de novo review of this case. 4 | Having carefully reviewed the matter, the Court concludes the Findings and Recommendations 5 || are supported by the record and proper analysis. Thus, the Court ORDERS: 6 1. The Findings and Recommendations issued on April 8, 2025 (Doc. 12) are 7 ADOPTED in full. 8 2. The petition for writ of habeas corpus is DISMISSED without prejudice. 9 3. The Clerk of Court is directed to enter judgment and close the case. 10 IT IS SO ORDERED. 12 Dated: _ June 12, 2025 Cerin | Tower TED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28