Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Michael A. Miller v. M.D. Biter

April 26, 2012

MICHAEL A. MILLER, PETITIONER,
v.
M.D. BITER, KERN VALLEY STATE PRISON WARDEN, RESPONDENT.



The opinion of the court was delivered by: Honorable Manuel L. Real United States District Judge

ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS AND DISMISSING ACTION WITHOUT PREJUDICE

I. SUMMARY

On April 17, 2012, petitioner Michael A. Miller's Petition for Writ of Habeas Corpus (the "Current Federal Petition") was transferred to and filed in the Central District of California.*fn1 The Current Federal Petition challenges a 2000 conviction in the Los Angeles County Superior Court (the "State Case" or "State Conviction") on multiple grounds.*fn2 (Current Federal Petition at 6-7). The Current Federal Petition reflects that petitioner has previously sought, and been denied federal habeas relief and a certificate of appealability relative to the State Conviction. (Current Federal Petition at 4-5).

Based on the record and the applicable law, the Current Federal Petition should be denied and this action should be dismissed without prejudice for lack of jurisdiction because petitioner did not obtain the requisite authorization from the Court of Appeals to file a successive petition.*fn3

II. PROCEDURAL HISTORY*fn4

A. State Court Conviction

On December 22, 2000, a Los Angeles County Superior Court jury found petitioner guilty of one count of corporal injury to a spouse, one count of assault by means likely to produce great bodily injury and one count of false imprisonment by violence in connection with the July 15, 2000 beating of petitioner's wife. The jury further found true allegations that petitioner's current convictions included a serious felony, and that petitioner had two prior serious or violent felony convictions withing the meaning of California's Three Strikes law. On July 25, 2001, the trial court sentenced petitioner to 25 years to life in state prison.

B. First Federal Action

On December 5, 2001, petitioner filed in the Central District of California, a Petition for Writ of Habeas Corpus by a Person in State Custody in Case No. 01-1053 R(Mc) ("First Federal Petition") challenging the State Conviction. On January 8, 2002, judgment was entered dismissing the First Federal Petition without prejudice based on petitioner's failure to exhaust available state remedies.

C. Second Federal Action

On August 15, 2002, petitioner filed in the Central District of California, a second Petition for Writ of Habeas Corpus by a Person in State Custody in Case No. 02-6406 R(Mc) ("Second Federal Petition") challenging the State Conviction. On April 14, 2003, judgment was once again entered dismissing the Second Federal Petition without prejudice based on petitioner's failure to exhaust available state remedies.

D. Third Federal Action

On June 13, 2003, petitioner filed in the Central District of California, a third Petition for Writ of Habeas Corpus by a Person in State Custody in Case No. CV 03-4206 R(Mc) ("Third Federal Petition") challenging the State Conviction. On March 25, 2004, judgment was entered ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.