Opinion

Norman Anthony Brown v. Cynthia Tampkins

Court
District Court, C.D. California
Filed
Sep 18, 2020
Cited by
0 cases

The opinion

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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NORMAN ANTHONY BROWN, ) Case No. EDCV 19-2192-CBM (JEM)

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Petitioner, )

13 ) ORDER ACCEPTING FINDINGS AND

v. ) RECOMMENDATIONS OF UNITED

14 ) STATES MAGISTRATE JUDGE

CYNTHIA TAMPKINS, )

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Respondent. )

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Pursuant to 28 U.S.C. Section 636, the Court has reviewed the pleadings, the

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records on file, and the Report and Recommendation of the United States Magistrate

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Judge. No Objections to the Report and Recommendation have been filed within the time

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allowed for Objections. The Court accepts the findings and recommendations of the

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Magistrate Judge.

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Based on the foregoing, IT IS HEREBY ORDERED:

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(1) Respondent’s Motion to Dismiss is GRANTED.

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(2) Pursuant to Ninth Circuit Rule 22-3(a), the Court hereby REFERS the Petition

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to the Ninth Circuit for consideration as an application for leave to file a second or

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successive habeas corpus petition.

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1 “Petitioner is advised that this referral alone does not constitute compliance with

2| Circuit Rule 22-3 and 28 U.S.C. § 2255(h). Petitioner must still file a motion for leave to

3] proceed in the Court of Appeals and make the requisite showing” to convince the Ninth

Circuit to grant him leave to file this second-or-successive habeas petition.” Henderson v.

5 || Madden, No. LA CV 16-02003-VBF (AGR), 2016 WL 4009873, at *3 n.1, *5-6 (C.D. Cal.

June 3, 2016) (collecting cases in which Ninth Circuit district courts issued this advisement

to pro se habeas petitioners). Petitioner is directed to consult this statute and Ninth Circuit

8] Rule 22-3 for further information.

9 (3) The Clerk shall send copies of the Petition and this Order to the Ninth Circuit.

10] The Clerk also shall mail Petitioner a copy of Ninth Circuit Rule 22-3 and Ninth Circuit Court

11] of Appeals Form 12, entitled “Application for Leave to File Second or Successive Petition

12] Under 28 U.S.C. § 2254 or Motion Under 28 U.S.C. § 2255.”

13 (4) The Petition is DISMISSED without prejudice to its refiling after Petitioner obtains

permission to do so from the Ninth Circuit.

15 (5) Judgment shall be entered accordingly.

16 IT IS SO ORDERED.

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18] DATED: SEPTEMBER 18, 2020

CONSUELO B. MARSHALL

19 UNITED STATES DISTRICT JUDGE

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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