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Miles v. Gonzales

United States District Court, C.D. California

September 11, 2014

TRACY MILES, Petitioner,
v.
A.M. GONZALES, Respondent.

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

DEAN D. PREGERSON, District Judge.

I. SUMMARY

On August 20, 2014, petitioner Tracy Miles ("petitioner"), a California prisoner who is proceeding pro se, formally filed a Petition under 28 U.S.C. ยง 2254 for Writ of Habeas Corpus by a Person in State Custody (the "Current Federal Petition"). The Current Federal Petition challenges a judgment in Los Angeles County Superior Court in Case No. NA2017101 (the "State Case" or "State Conviction").

Based on the record (including facts as to which this Court takes judicial notice as detailed below) and the applicable law, the Current Federal Petition is denied and this action is 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. Further, the Clerk of the Court is directed to refer the Current Federal Petition to the United States Court of Appeals for the Ninth Circuit (the "Ninth Circuit") pursuant to Ninth Circuit Rule 22-3(a).[1]

II. PROCEDURAL HISTORY[2]

A. State Court Conviction and Direct Appeal

On November 4, 1994, a Los Angeles County Superior Court jury convicted petitioner of two counts of robbery and found true an allegation that petitioner had been convicted of certain felonies. On February 7, 1995, the trial court sentenced petitioner to thirty-six years to life in state prison.

Petitioner appealed his conviction to the California Court of Appeal, which affirmed the judgment on March 7, 1996. Petitioner thereafter filed a petition for review in the California Supreme Court, which was denied on May 22, 1996.[3]

B. First Federal Action, First Ninth Circuit Action, and.0U.S. Supreme Court Action

On August 17, 2000, petitioner filed the First Federal Petition in which he challenged the judgment in the State Case. On January 16, 2001, judgment was entered denying and dismissing the First Federal Petition with prejudice, because it was untimely.

On April 13, 2001, the Ninth Circuit denied petitioner's request for a certificate of appealability in the First Ninth Circuit Action. On May 22, 2001, the Ninth Circuit denied petitioner's motion for reconsideration.

On October 1, 2001, the United States Supreme Court denied petitioner's petition for a writ of certiorari in the U.S. Supreme Court Action.

C. Second Ninth Circuit Action

On December 13, 2002, the Ninth Circuit denied petitioner's application for leave to file a second or successive petition ...


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