Opinion
No. C11-5696 RJB.
October 31, 2011
ORDER ADOPTING A REPORT AND RECOMMENDATION
This matter comes before the Court on the Report and Recommendation of the Honorable J. Richard Creatura, United States Magistrate Judge, dated September 27, 2011. Dkt. 3. The Magistrate Judge recommends that this successive habeas corpus petition be transferred to the Ninth Circuit Court of Appeals. No objections have been filed.
The Court, having reviewed the Report and Recommendation of Magistrate Judge J. Richard Creatura, and the remaining record, does hereby find and ORDER:
1. The Court adopts the Report and Recommendation;
2. This Petition is transferred to the Ninth Circuit as second or successive as it appears to challenge the same conviction and sentence as a prior habeas corpus petition, C04-5785 FDB.
3. The Clerk's office is directed to transfer this petition to the Ninth Circuit and administratively close the file.