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Scott James Craft v. Ctf-Warden Gates

March 29, 2011

SCOTT JAMES CRAFT, PETITIONER,
v.
CTF-WARDEN GATES, RESPONDENT.



The opinion of the court was delivered by: Valerie Baker Fairbank United States District Judge

MEMORANDUM AND ORDER DISMISSING SUCCESSIVE PETITION FOR WRIT OF HABEAS CORPUS

On March 14, 2011, Scott James Craft ("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. LA021481 (the "1996 conviction"). (Petition at 2.) Petitioner has filed at least two other petitions in this Court challenging the 1996 conviction, which have been adjudicated on the merits. For the reasons set forth below, the Petition must be dismissed as an unauthorized successive habeas petition.

PROCEEDINGS

The 1996 Conviction

On January 31, 1996, Petitioner was convicted in Los Angeles County Superior Court of second degree murder with a handgun enhancement (Cal. Penal Code §§ 187, 12022.5). The trial court sentenced Petitioner to 25 years to life in prison. (Petition at 2.)

State Post-Conviction Proceedings

Petitioner appealed his conviction, which was affirmed by the California Court of Appeal on October 3, 1997. (Petition at 2-3.)

Petitioner filed a petition for review in the California Supreme Court, which was denied on January 22, 1998. (Petition at 3.)

Thereafter, Petitioner exhausted his remedies in state court. (Petition at 4-5.) Federal Habeas Proceedings On July 27, 1999, Petitioner filed a petition for writ of habeas corpus in the United States District Court for the Central District of California, Scott James Craft v. Gail Lewis, Case No. CV 99-7737-FMC (JWJ) ("1999 Federal Petition"), in which he attacked the 1996 conviction.

On February 1, 2003, the Magistrate Judge filed a Report and Recommendation recommending that the 1999 Federal Petition be denied on the merits and dismissed with prejudice. On March 25, 2003, the District Judge issued an Order adopting the Report and Recommendation and entered Judgment denying the 1999 Federal Petition and dismissing it with prejudice.

On January 17, 2007, Petitioner filed a second petition for writ of habeas corpus in the United States District Court for the Central District of California, Scott James Craft v. D.K. Sisto, Warden, Case No. CV 07-0392-VBF (JWJ) ("2007 Federal Petition"), in which he again attacked the 1996 conviction.*fn1

On February 15, 2007, the Magistrate Judge filed a Report and Recommendation recommending that the 2007 Federal Petition be dismissed as an unauthorized successive habeas petition. On April 6, 2007, the District Judge issued an Order adopting the Report and Recommendation and entered Judgment dismissing the 2007 Federal Petition without prejudice as successive.

On March 14, 2011, Petitioner filed the instant Petition, which also attacks ...


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