1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 JESUS HERNANDEZ, Case No. CV 20-10094-JLS (JEM) Petitioner, V ORDER ACCEPTING FINDINGS AND 3 RECOMMENDATIONS OF UNITED 14 || GAMBOA, STATES MAGISTRATE JUDGE 15 Respondent. 16 17 Pursuant to

, the Court has reviewed the pleadings, the '8 records on file, and the Report and Recommendation of the United States Magistrate 19 Judge. No Objections to the Report and Recommendation have been filed within the 20 time allowed for Objections. The Court accepts the findings and recommendations of 47 ||the Magistrate Judge. 23 Based on the foregoing, IT |S HEREBY ORDERED: 24 (1) | Respondent's Motion to Dismiss is GRANTED. 25 (2) Pursuant to Ninth Circuit Rule 22-3(a), the Court hereby REFERS the 26 4 Petition to the Ninth Circuit for consideration as an application for leave to file a second 9g Successive habeas corpus petition.

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

3 Circuit Rule 22-3 and

(h). Petitioner must still file a motion for leave to 4 || proceed in the Court of Appeals and make the requisite showing” to convince the Ninth 5 || Circuit to grant him leave to file this second-or-successive habeas petition.” Henderson ° Madden, No. LA CV 16-02003-VBF (AGR),

, at *3 n.1, *5-6 (C.D. Cal. June 3, 2016) (collecting cases in which Ninth Circuit district courts issued this

9 advisement to pro se habeas petitioners). Petitioner is directed to consult this statute 190 Ninth Circuit Rule 22-3 for further information. (3) The Clerk shall send copies of the Petition and this Order to the Ninth Circuit. 2 The Clerk also shall mail Petitioner a copy of Ninth Circuit Rule 22-3 and Ninth Circuit Court of Appeals Form 12, entitled “Application for Leave to File Second or Successive

15 Petition Under

or Motion Under

.” 16 (4) The Petition is DISMISSED without prejudice to its refiling after Petitioner 17 |} obtains permission to do so from the Ninth Circuit. '8 (5) Judgment shall be entered accordingly. ° IT IS SO ORDERED. 20 21 |! Dated: May 13, 2021 Jools iL 2 JOSEPHINE L. STATON UNITED STATES DISTRICT JUDGE

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