1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JOHNNY LEE BRIGGS, Case No. 1:25-cv-0445 JLT SAB (HC) 12 Petitioner, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, DISMISSING 13 v. PETITION FOR WRIT OF HABEAS CORPUS AS AN UNAUTHORIZED 14 HEATHER SHIRLEY, SUCCESSIVE PETITION, AND DIRECTING THE CLERK OF COURT TO CLOSE THE 15 Respondent. CASE

16 (Doc. 5) 17 Johnny Lee Briggs is a state prisoner, proceeding with a petition for writ of habeas corpus 18 pursuant to

. The magistrate judge performed a preliminary review pursuant to 19 Rule 4 of the Rules Governing Section 2254 Cases and found “the instant petition is ‘second or 20 successive’ under § 2244(b)” because “Petitioner previously filed a federal habeas petition in this 21 Court challenging the same conviction, and that petition was denied on the merits.” (Doc. 5 at 2, 22 citing Briggs v. Schuyler, Case No. 1:24-cv-00310-KES-SKO.) Because Petitioner did not obtain 23 leave from the Ninth Circuit to file a successive petition, the magistrate judge determined this 24 Court lacks jurisdiction. (Id.) Therefore, the magistrate judge recommended the Court dismiss 25 the petition. (Id.) 26 The Court served the Findings and Recommendations on Petitioner and notified him that 27 any objections were due within 30 days. (Doc. 5 at 3.) The Court advised him that the “failure to 28 file any objections within the specified time may waive the right to appeal the District Court’s 1 order.” (d., citing Wilkerson v. Wheeler,

(9th Cir. 2014).) Petitioner did 2 | not file objections, and the time to do so has passed. 3 According to

(b)(1), this Court performed a de novo review of this case. 4 | Having carefully reviewed the matter, the Court concludes the Findings and Recommendations 5 || are supported by the record and proper analysis. Thus, the Court ORDERS: 6 1. The Findings and Recommendations issued on May 28, 2025 (Doc. 5) are 7 ADOPTED in full. 8 2. The petition for writ of habeas corpus is DISMISSED without prejudice as an 9 unauthorized successive petition. 10 3. The Clerk of Court is directed to enter judgment and close the case. 11 b IT IS SO ORDERED. 13 | Dated: _July 16, 2025 Cerin | Tower TED STATES DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28