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Michael J. Laster v. E. Valenzuela

December 14, 2012

MICHAEL J. LASTER, PETITIONER,
v.
E. VALENZUELA, WARDEN, RESPONDENT.



The opinion of the court was delivered by: Hon. Valerie Baker Fairbank 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 November 27, 2012, Michael J. Laster ("Petitioner") filed the current Petition for Writ of Habeas Corpus by a Person in State Custody pursuant to 28 U.S.C. § 2254 ("Petition"). (ECF No. 1.)

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

II.

PROCEDURAL HISTORY

On August 3, 2007, Petitioner was convicted after a jury trial in the Los Angeles County Superior Court of driving under the influence of alcohol or drugs (Cal. Vehicle Code § 23152(a)). Clerk's Transcript ("CT") at 188. ) Petitioner*fn1 also pled no contest to driving with a suspended license (Cal. Vehicle Code 14601.2(a)). (CT at 118.) On March 11, 2008, the trial court found that Petitioner had two prior convictions under the Three Strikes Law (Cal. Penal Code §§ 667 (b)-(i) and 1170.12 (a)-(d)) and two prior state prison terms (Cal. Penal Code § 667.5(b)). (CT at 334-35.) On March 11, 2008, Petitioner was sentenced to a total state prison term of twenty-five years to life. (Id. at 335-38.)

Petitioner appealed the conviction to the California Court of Appeal. (Lodgment 3.) On October 19, 2009, the court of appeal ordered the judgment modified to add presentence custody credits but otherwise affirmed the judgment. (Lodgment 6.)

Petitioner then filed a petition for review in the California Supreme Court. (Lodgment 7.) On February 3, 2010, the supreme court denied the petition. (Lodgment 8.)

On January 20, 2010, Petitioner filed a habeas petition in the California Supreme Court, case number S180210. (Lodgment 9.) On August 11, 2010, the supreme court denied the petition with a citation to In re Waltreus, 62 Cal. 2d 218 (1965).

On June 20, 2011, Petitioner filed another habeas petition in the California Supreme Court, case number S194151, which was subsequently denied. (ECF No. 29 at 2, Ex.)

On October 1, 2010, Petitioner filed his first § 2254 petition in this District. (CV 10-7380-VBF (OP) ECF No. 1.) On May 24, 2011, the Court ordered filed Petitioner's First Amended Petition ("FAP"). (Id. ECF No. 22.) On November 17, 2011, Judgment was entered denying the FAP and dismissing the action with prejudice. (Id. ECF No. 34.) On November 21, 2011, an Order was entered denying the issuance of a certificate of appealability. (Id. ECF No. 35.)

Petitioner has sought further habeas relief in the California Supreme Court, case number S204590. On October 17, 2012, the supreme court denied the petition. (Pet. at 3, ...


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