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Vandervall v. Soto

United States District Court, C.D. California

April 27, 2015

KARL VANDERVALL, Petitioner,
v.
J. SOTO, Warden, Respondent.

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

OTIS D. WRIGHT, II, District Judge.

I. SUMMARY

On April 20, 2015, petitioner Karl Vandervall ("petitioner"), a California prisoner who is proceeding pro se, formally filed a Petition for Writ of Habeas Corpus ("Current Federal Petition") with exhibits ("Petition Ex."). The Current Federal Petition challenges a criminal judgment in the year 2000, in Los Angeles County Superior Court Case MA018516 ("State Case" or "State Conviction"). (Petition at 2, 5-6).

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 Conviction, Direct Appeal, and State Habeas Petitions

On February 23, 2000, a jury convicted petitioner of possession of a weapon by a prisoner. On March 20, 2000, the court imposed a "third-strike" sentence of twenty-five years to life imprisonment.

On June 18, 2002, the California Court of Appeal, in Case No. B141120, affirmed the judgment in an unpublished opinion. On August 28, 2002, the California Supreme Court, in Case No. S108555, denied review without comment or citation. The record does not reflect that petitioner filed a petition for writ of certiorari in the United States Supreme Court.

Petitioner's first state habeas petition, dated December 11, 2003, was received in the Superior Court on December 30, 2003, and was filed and denied on January 9, 2004. Petitioner's second state habeas petition, dated March 18, 2005, was filed in the California Supreme Court on March 21, 2005, and was denied without comment or citation on March 15, 2006.

Petitioner thereafter, on an unknown date, filed another state habeas petition in the Superior Court which was denied on December 5, 2014. (Petition at 4). On or about December 30, 2014, petitioner submitted a state habeas petition in California Court of Appeal Case No. B261074 which was formally filed on January 5, 2015, and which was denied in a reasoned decision on January 23, 2015. (Petition at 4; Petition Ex).[3] Petitioner thereafter filed a petition for review, dated February 2, 2015, in California Supreme Court Case No. S224279 which such court denied without comment on March 11, 2015. (Petition at 4-5; Petition Ex.).

B. First Federal Petition/First Federal Action and Ninth Circuit Action[4]

On May 3, 2006, petitioner formally filed the First Federal Petition, which was dated April 7, 2006, and was lodged on April 19, 2006. The First Federal Petition challenged the criminal judgment in the State Case on the following grounds: (1) ineffective assistance of trial counsel; (2) ineffective assistance of appellate counsel; (3) denial of a fair trial when the court joined substantive counts and allegations of prior convictions in one proceeding; (4) actual innocence; and (5) cumulative error. On May 31, 2007, judgment was entered dismissing the First Federal Petition with prejudice as untimely.

On June 29, 2007, petitioner filed a Notice of Appeal and an application for a certificate of appealability from the District Court in the First Federal Action. On September 26, 2007, the Court denied the application for a certificate of appealability. Such denial was entered on October 5, 2007.

On April 30, 2008, the Ninth Circuit likewise denied petitioner's request for a certificate of ...


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