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Mark Hodge v. M.D. Bider

March 9, 2011

MARK HODGE, PETITIONER,
v.
M.D. BIDER, WARDEN, RESPONDENT.



The opinion of the court was delivered by: Terry J. Hatter, Jr.united States District Judge

MEMORANDUM AND ORDER DISMISSING SUCCESSIVE PETITION FOR WRIT OF HABEAS CORPUS

On February 1, 2011, Mark Hodge ("Petitioner"), a prisoner in state custody proceeding pro se, filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 ("Petition"), in which he challenges his 1996 state court judgment of conviction in Los Angeles County Superior Court Case No. YA029417 (the "1996 conviction"). (Petition at 2.) Petitioner has filed at least one other petition in this Court challenging the 1996 conviction. For the reasons set forth below, the Petition must be dismissed as an unauthorized successive habeas petition.

PROCEEDINGS

The 1996 Conviction On November 18, 1996, Petitioner was convicted in Los Angeles County Superior Court of carjacking, second degree robbery, and misdemeanor hit--and-run driving (Cal. Penal Code §§ 215, 211; Cal. Veh. Code § 20002A). The court sentenced Petitioner under California's Three Strikes law to thirty-five years to life in state prison. (Petition at 2; Report and Recommendation in Case No. CV 00-5688-TJH (JWJ), filed May 13, 2002 ("May 2002 R&R") at 1-2.)*fn1

State Post-Conviction Proceedings

Petitioner appealed his conviction, which was affirmed by the California Court of Appeal on November 7, 1997. (Petition at 2-3; May 2002 R&R at 2.)

Petitioner filed a petition for review in the California Supreme Court, which was denied on January 28, 1998. (Petition at 3; May 2002 R&R at 2.)

Thereafter, Petitioner exhausted his remedies in state court. (May 2002 R&R at 2.) Federal Habeas Proceedings On May 25, 2000, Petitioner filed a petition for writ of habeas corpus in the United States District Court for the Central District of California, Mark Hodge v. Cheryl Pliler, Warden, Case No. CV 00-5688-TJH (JWJ) ("2000 Federal Petition"), in which he attacked the 1996 conviction.*fn2

On May 13, 2002, the Magistrate Judge filed a Report and Recommendation recommending that the 2000 Federal Petition be denied on the merits and dismissed with prejudice. On June 6, 2002, the District Judge issued an Order adopting the Report and Recommendation and entered Judgment denying the 2000 Federal Petition and dismissing it with prejudice.

On February 1, 2011, Petitioner filed the instant Petition, which also attacks the 1996 conviction.

DISCUSSION

I. Duty to Screen

This Court has a duty to screen habeas corpus petitions. See Rules Governing ยง 2254 Cases in the United States District Courts, Rule 4 Advisory Committee Notes. Rule 4 requires a district court to examine a habeas corpus petition, and if it plainly appears from the face of the petition and any annexed exhibits that the petitioner is not entitled to relief, the ...


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