Opinion
3:21-cv-05877-RSM-BAT
12-13-2021
MELVIN MARCUS JOHNSON, Petitioner, v. DAN VAN OGLE, Respondent.
ORDER REFERRING TO THE COURT OF APPEALS
RICARDO S. MARTINEZ UNITED STATES DISTRICT JUDGE
Having reviewed the Report and Recommendation of the assigned Honorable United States Magistrate Judge, any objections to that, and the remaining record, the Court finds and ORDERS:
(1) The Court ADOPTS the Report and Recommendation.
(2) The Clerk shall refer the federal habeas petition to the Circuit Court of Appeals for the Ninth Circuit for review as a second or successive habeas petition.
(3) The Clerk shall administratively close the matter.
(4) The Clerk shall provide a copy of this Order to Petitioner.