United States District Court, C.D. California
(1) DISMISSING PETITION FOR WRIT OF HABEAS CORPUS
(“PETITION”) WITHOUT PREJUDICE TO THE EXTENT IT
CHALLENGES THE STATE JUDGMENT; AND (2) TRANSFERRING PETITION
TO SOUTHERN DISTRICT OF CALIFORNIA TO THE EXTENT IT
CHALLENGES THE EXECUTION OF PETITIONER’S SENTENCE/THE
DENIAL OF PAROLE
HONORABLE STEPHEN V. WILSON UNITED STATES DISTRICT JUDGE
12, 2016, petitioner Ernest Lee Turner
(“petitioner”), who is in custody at the Richard
J. Donovan Correctional Facility (“RJD”) in San
Diego, California, in the Southern District of California (28
U.S.C. § 84(d)), and is proceeding pro se,
formally filed a Petition for Writ of Habeas Corpus
(“Current Federal Petition”). The Current Federal
Petition purports to challenge petitioner’s 2005
conviction in Riverside County Superior Court in Case No.
RIF111528 (“State Case”), but petitioner’s
only claim for relief is that he should be released because
he has served almost fourteen (14) years without any
infractions and has been rehabilitated. (Current Federal
Petition at 2, 3).
reasons discussed below: (1) to the extent the Current
Federal Petition challenges the judgment in the State Case,
the Court dismisses it without prejudice for lack of
jurisdiction because petitioner did not obtain the requisite
authorization from the Court of Appeals to file a successive
petition; and (2) to the extent the Current Federal Petition
challenges the execution of petitioner’s sentence/the
denial of parole, the Court transfers it to the Southern
District of California.
State Court Proceedings in State Case
November 23, 2004, a Riverside County Superior Court jury
found petitioner guilty of three counts of second degree
robbery and found true allegations that petitioner had
personally used a deadly and dangerous weapon in the
commission of each such robbery. On November 24, 2004, in a
bifurcated proceeding held after petitioner waived his right
to a jury trial on prior conviction allegations, the court
found such prior conviction allegations to be true. On
January 10, 2005, the court sentenced petitioner to a total
of 90 years to life in prison.
November 14, 2005, the California Court of Appeal affirmed
the judgment in the State Case. Petitioner did not further
pursue a direct appeal.
subsequently sought, and was denied, habeas relief in the
Riverside County Superior Court, the California Court of
Appeal, and the California Supreme Court.
First Federal Action, Ninth Circuit Action, and U.S. Supreme
January 10, 2014, petitioner filed the First Federal Petition
challenging the judgment in the State Case on multiple
grounds. On October 19, 2011, this Court denied the First
Federal Petition on its merits and dismissed the First
Federal Action with prejudice. On October 21, 2011, judgment
was entered accordingly.
January 18, 2013, the Ninth Circuit issued an order denying
petitioner’s request for a certificate of appealability
in the Ninth Circuit Action.
October 7, 2013, the U.S. Supreme Court denied
petitioner’s petition for a writ of certiorari in the
U.S. Supreme Court Action.