(HC)Ramirez v. Scholyer

Opinion

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11 PETER TORRES RAMIREZ, ) Case No.: 1:24-cv-0323 JLT EPG ) 12 Petitioner, ) ORDER ADOPTING IN FULL THE FINDINGS ) AND RECOMMENDATIONS, DISMISSING THE 13 v. ) PETITION WITHOUT PREJUDICE, AND ) DIRECTING THE CLERK OF COURT TO CLOSE ) 15 Respondent. ) (Doc. 5) ) 16

17 Peter Torres Ramirez is a state prisoner proceeding pro se with a petition for writ of habeas 18 corpus pursuant to 28 U.S.C. § 2254. Petitioner seeks to challenge his convictions in the Fresno 19 County Superior Court for attempted murder of a peace officer and three counts of assault of a peace 20 officer with a semiautomatic firearm. Because Petitioner previously sought federal habeas relief related 21 to the identified convictions, the magistrate judge found the petition was successive. (Doc. 5 at 1-2.) 22 The magistrate judge also found Petitioner failed to show the Ninth Circuit granted him leave to file a 23 second petition regarding his convictions. (Id. at 3.) Therefore, the magistrate judge recommended the 24 petition “be dismissed as an unauthorized successive petition.” (Id., emphasis omitted.) 25 The Court served the Findings and Recommendations on Petitioner and notified him the “failure 26 to file objections within the specified time waive the right to appeal the District Court’s order.” (Doc. 5 27 at 3, citing Wilkerson v. Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014).) The Court granted 28 Petitioner’s request for an extension of time to file objections, and extended the deadline “to and 1 including June 24, 2024, to file objections.” (Doc. 7.) However, Petitioner did not file any objection 2 || 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. Havir 4 || carefully reviewed the matter, the Court concludes the Findings and Recommendations are supported 5 || by the record and proper analysis. Thus, the Court ORDERS: 6 1. The Findings and Recommendations dated (Doc. 5) are ADOPTED in full. 7 2. The petition is DISMISSED without prejudice as an unauthorized successive petition. 8 3. The Clerk of Court is directed to close this case. 9 11 Dated: _ July 9, 2024 ( LAW ph L. wary 12 TED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28