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Watson v. Price

United States District Court, E.D. California

January 26, 2015

NYLES LAWAYNE WATSON, Petitioner,
v.
J. PRICE, Respondent

Nyles Lawayne Watson, Petitioner, Pro se, Tracy, CA.

FINDINGS AND RECOMMENDATIONS

Gregory G. Hollows, UNITED STATES MAGISTRATE JUDGE.

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 habeas corpus attacking the conviction and sentence challenged in this case. The previous application was filed on May 29, 2003, and was denied on the merits on August 21, 2008. See Watson v. Carey, No. 3:03-cv-1150 LKK EFB. The current petition represents a successive challenge to the same 1996 conviction at issue in petitioner's prior petition. Before petitioner can proceed with the instant application, he must move in the United States Court of Appeals for the Ninth Circuit for an order authorizing the district court to consider the application. 28 U.S.C. § 2244(b)(3). Therefore, petitioner's application must be dismissed without prejudice to its refiling upon obtaining authorization from the United States Court of Appeals for the Ninth Circuit.

IT IS RECOMMENDED that this action be dismissed without prejudice.

These findings and recommendations are submitted to the United States District Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen days after being served with these findings and recommendations, petitioner may file written objections with the court. The document should be captioned " Objections to Magistrate Judge's Findings and Recommendations." Petitioner is advised that failure to file objections within the specified time may waive the right to appeal the District Court's order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).


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