Opinion
CASE NO. C19-5661 BHS
09-04-2019
EUGENE TREMBLE III, Petitioner, v. RON HAYNES, Respondent.
ORDER ADOPTING REPORT AND RECOMMENDATION AND DISMISSING PETITIONER'S HABEAS PETITION AS SUCCESSIVE
This matter comes before the Court on the Report and Recommendation ("R&R") of the Honorable David W. Christel, United States Magistrate Judge. Dkt. 5. The Court having considered the R&R and the remaining record, and no objections having been filed, does hereby find and order as follows:
(1) The R&R is ADOPTED;
(2) Petitioner's motion to proceed in forma pauperis, Dkt. 4, is DENIED
(3) Petitioner's federal habeas petition, Dkt. 1, is DISMISSED without prejudice as successive;
(4) A certificate of appealability is DENIED; and
(5) The Clerk shall enter JUDGMENT and close this case.
Dated this 4th day of September, 2019.
/s/_________
BENJAMIN H. SETTLE
United States District Judge