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John Hines v. E. Valensuela

October 12, 2012

JOHN HINES, PETITIONER,
v.
E. VALENSUELA, WARDEN, RESPONDENT.



The opinion of the court was delivered by: Honorable Dean D. Pregerson United States District Judge

MEMORANDUM AND ORDER RE: DISMISSAL OF PETITION FOR WRIT OF HABEAS CORPUS (28 U.S.C. § 2254) AS SUCCESSIVE

I. INTRODUCTION

On July 1, 2012, John Hines ("Petitioner") constructively filed the current Petition for Writ of Habeas Corpus by a Person in State Custody pursuant to 28 U.S.C. § 2254 ("Petition").*fn1 (ECF No. 1.)

Pursuant to Rule 4 of the Rules Governing Section 2254 Cases in the United States District Courts, the Court examined the current Petition and found that it plainly appeared from its face that Petitioner was not entitled to relief in the district court. Specifically, the Court found that the Petition is subject to dismissal as a second and successive.*fn2

II. PROCEDURAL HISTORY

On December 31, 1982, Petitioner shot and killed a man at the victim's home with the victim's wife and two-year-old child present. (Probation Officer's Report at 2.) The Probation Officer's Report, filed under seal, indicates that Petitioner had planned to rob the victim in advance and utilized his girlfriend and her friend to distract the victim. (Id.) Petitioner asserted that the shooting occurred accidentally. (Id. at 11.)

On November 29, 1983, Petitioner pled guilty to one count each of first degree murder and attempted robbery. (Pet. at 2; Answer Ex. E at 114-15.) Petitioner also pled guilty to a sentence enhancement for using a firearm during the commission of the offense. (Answer Ex. E at 114-15.) On February 3, 1984, Petitioner was sentenced to a state prison term of twenty-seven years to life. (Id.) Petitioner did not pursue a direct appeal. (Pet. at 3.)

On or about July 19, 1999, Petitioner, represented by counsel, filed a habeas corpus petition in the Los Angeles County Superior Court, alleging grounds one and two of the prior § 2254 petition. (Answer Ex. A at 49; Reply at 3.) The superior court denied the petition on July 30, 1999. (Pet. at 4.)

On August 7, 2000, Petitioner, again represented by counsel, filed a habeas corpus petition in the California Court of Appeal, alleging grounds one and two of the prior § 2254 petition. (Answer Ex. A.) The court of appeal denied the petition on August 11, 2000. (Id. Ex. B.)

On June 24, 2004, Petitioner constructively filed a habeas corpus petition in the California Supreme Court, alleging grounds one through three of the prior § 2254 petition. (Id. Ex. C.) The supreme court denied the petition on May 11, 2005. (Id. Ex. D.)

On June 7, 2005, Petitioner filed his first § 2254 petition in this District. (CV 05-4113-DDP (OP) ECF No. 1.) On April 21, 2009, Judgment was entered denying the petition and dismissing the action with prejudice. (Id. ECF No. 51.) On October 13, 2009, an Order was entered denying the issuance of a certificate of appealability. (Id. ECF No. 55.) On August 22, 2011, an Order was entered by the Ninth Circuit denying the issuance of a certificate of appealability. (Id. ECF No. 59.)

In 2012, Petitioner sought habeas relief in the state courts. However, all of his petitions were denied. (Pet. at 3-5.)

III. DISCUSSION

A. Standard of ...


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