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Jose Alfredo Ochoa Morando v. E. Valenzuela

April 23, 2013

JOSE ALFREDO OCHOA MORANDO,
PETITIONER,
v.
E. VALENZUELA,
RESPONDENT.



The opinion of the court was delivered by: Margaret M. Morrow United States District Judge

ORDER: DISMISSING PETITION AS SECOND OR SUCCESSIVE; AND DENYING A CERTIFICATE OF APPEALABILITY

Petitioner, a California state prisoner, filed a habeas petition, pursuant to 28 U.S.C. § 2254, on April 4, 2013 ("Petition"). The Petition is the eighteenth habeas petition Petitioner has filed in this Court stemming from his 1992 state court conviction and sentence.

Under the Rules Governing Section 2254 Cases in the United States District Courts, a habeas petition filed by a state prisoner must be summarily dismissed "[i]f it plainly appears from the petition and any attached exhibits that the petitioner is not entitled to relief in the district court." Rule 4, 28 U.S.C. foll. § 2254. For the reasons set forth below, it plainly appears that the Petition must be dismissed as second or successive pursuant to 28 U.S.C. § 2244(b).

On December 12, 1997, Petitioner filed a Section 2254 petition in this District, captioned Jose A. Ochoa v. Steven Cambra, Jr., Warden, et al., Case No. SACV 98-788-GLT (MAN) (the "First Petition"). The First Petition challenged Petitioner's 1992 criminal conviction and sentence in the Los Angeles County Superior Court (the "1992 Conviction"). On *fn1 October 19, 1998, judgment was entered dismissing the First Petition, with prejudice, as untimely. Petitioner did not appeal.

On April 7, 1999, Petitioner filed a second Section 2254 petition in this District, captioned Jose A. Ochoa v. Vern Smith, Warden, et al., Case No. CV 99-04479-WDK (MAN). That petition again challenged the 1992 Conviction. On May 11, 1999, judgment was entered dismissing that petition, pursuant to 28 U.S.C. § 2244(b)(1), as second or successive. Petitioner did not appeal.

Petitioner then filed a series of habeas petitions in this Court under the name "Jose Alfredo Ochoa Morando." Each of these habeas petitions sought to challenge his 1992 Conviction:

(1) On July 15, 1999, Petitioner filed a third Section 2254 petition, captioned Jose Alfredo Ochoa Morando v. Steven Cambra, Pursuant to Rule 201 of the Federal Rules of Evidence, the Jr., Case No. 99-7270-MMM (SH). On July 29, 1999, that petition was dismissed without prejudice to its refiling after exhaustion of state remedies.

(2) On August 19, 1999, Petitioner filed a fourth Section 2254 petition, captioned Jose Alfredo Ochoa Morando v. Steven Cambra, Jr., Case No. SACV 99-1572-GLT (MAN). On January 12, 2000, an order and judgment entered dismissing that petition as second or successive.

(3) On October 1, 1999, Petitioner filed a fifth Section 2254 petition, captioned Jose Alfredo Ochoa Morando v. Steven Cambra, Jr., Case No. 99-10050-MMM (SH). On October 8, 1999, an order and judgment entered dismissing that petition and terminating the case.

(4) On October 1, 1999, Petitioner filed a sixth Section 2254 petition, captioned Jose Alfredo Ochoa Morando v. Steven Cambra, Jr., Case No. SACV 99-1424-GLT (MAN). On December 22, 1999, an order and judgment entered dismissing that petition as second or successive.

(5) On September 20, 2000, Petitioner filed a seventh Section 2254 petition, captioned Jose Alfredo Ochoa Morando v. Rosa Garcia, Case No. SACV 00-00975-GLT (MAN). On November 3, 2000, an order and judgment entered dismissing that petition as second or successive.

(6) On October 10, 2001, Petitioner filed an eighth Section 2254 petition, captioned Jose Alfredo Ochoa Morando v. Steven Cambra J.R., Case No. 01-8723-GLT (MAN). On November 19, 2001, an order and judgment entered dismissing that petition as second or successive.

(7) On October 28, 2002, Petitioner filed a ninth Section 2254 petition, captioned Jose Alfredo Ochoa Morando v. Steven Cambra, Case No. 02-6755-GLT (MAN). On November 18, 2002, an order and judgment entered dismissing that petition as second or successive.

(8) On May 2, 2005, Petitioner filed a tenth Section 2254 petition, captioned Jose Alfredo Ochoa Morando v. Scott P. Rawers, Case No. 05-3276-JVS (MAN). On May 9, 2005, an order and judgment ...


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