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Clayton v. Biter

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
Oct 22, 2014
No. CV 14-6001 JFW (FFM) (C.D. Cal. Oct. 22, 2014)

Summary

dismissing petition as "second or successive" where Petitioner claimed to be "entitled to a change in his original sentence because of a change in the law"

Summary of this case from Perry v. Wofford

Opinion

No. CV 14-6001 JFW (FFM)

10-22-2014

CURTIS LAVELL CLAYTON, Petitioner, v. M.J. BITER, WARDEN, Respondent.


ORDER ACCEPTING FINDINGS, CONCLUSIONS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE

Pursuant to 28 U.S.C. § 636, the Court has reviewed the entire record in this action, the attached Report and Recommendation of United States Magistrate Judge ("Report"), and the objections thereto. Good cause appearing, the Court concurs with and accepts the findings of fact, conclusions of law, and recommendations contained in the Report after having made a de novo determination of the portions to which objections were directed.

IT IS ORDERED that judgment be entered denying the petition without prejudice. DATED: October 22, 2014

/s/_________

JOHN F. WALTER

United States District Judge


Summaries of

Clayton v. Biter

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
Oct 22, 2014
No. CV 14-6001 JFW (FFM) (C.D. Cal. Oct. 22, 2014)

dismissing petition as "second or successive" where Petitioner claimed to be "entitled to a change in his original sentence because of a change in the law"

Summary of this case from Perry v. Wofford
Case details for

Clayton v. Biter

Case Details

Full title:CURTIS LAVELL CLAYTON, Petitioner, v. M.J. BITER, WARDEN, Respondent.

Court:UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

Date published: Oct 22, 2014

Citations

No. CV 14-6001 JFW (FFM) (C.D. Cal. Oct. 22, 2014)

Citing Cases

Perry v. Wofford

As such, the Petition is an unauthorized "second or successive" petition, which this Court lacks jurisdiction…