1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 ) JOSE RAMON MORALES, ) Case No. CV 21-1485-DSF (JEM) 12 ) Petitioner, ) 13 ) ORDER ACCEPTING FINDINGS AND v. ) RECOMMENDATIONS OF UNITED 14 ) STATES MAGISTRATE JUDGE PEOPLE OF THE STATE OF ) 15 CALIFORNIA, ) ) 16 Respondent. ) ) 17 18 Pursuant to

, the Court has reviewed the pleadings, the 19 records on file, and the Report and Recommendation of the United States Magistrate 20 Judge. No Objections to the Report and Recommendation have been filed within the time 21 allowed for Objections. The Court accepts the findings and recommendations of the 22 Magistrate Judge. 23 Based on the foregoing, IT IS 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 Petition 26 to the Ninth Circuit for consideration as an application for leave to file a second or 27 successive habeas corpus petition. 28 1 “Petitioner is advised that this referral alone does not constitute compliance with 2 Circuit Rule 22-3 and

(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 4 Circuit to grant him leave to file this second-or-successive habeas petition.” Henderson v. 5 Madden, No. LA CV 16-02003-VBF (AGR),

, at *3 n.1, *5-6 (C.D. Cal. 6 June 3, 2016) (collecting cases in which Ninth Circuit district courts issued this advisement 7 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

or Motion Under

.” 13 (4) The Petition is DISMISSED without prejudice to its refiling after Petitioner obtains 14 permission to do so from the Ninth Circuit. 15 (5) Judgment shall be entered accordingly. 16 IT IS SO ORDERED. 17 18 DATED: June 24, 2021 DALE S. FISCHER 19 UNITED STATES DISTRICT JUDGE 20 21 22 23 24 25 26 27 28