Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Taylor v. Davis

United States District Court, C.D. California

April 25, 2017

RAYMOND TAYLOR, Petitioner,
v.
RON DAVIS, Respondent.

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

          HONORABLE CHRISTINA A. SNYDER UNITED STATES DISTRICT JUDGE.

         I. SUMMARY

         On April 18, 2017, petitioner Raymond Taylor (“petitioner”), a California prisoner who is proceeding pro se, formally filed a Petition for Writ of Habeas Corpus (“Current Federal Petition”) with multiple attached exhibits. The Current Federal Petition challenges petitioner's conviction in Riverside County Superior Court Case No. RIF138848 (“State Case”).

         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 and this action are dismissed without prejudice for lack of jurisdiction because petitioner did not obtain, and in fact has been denied the requisite authorization from the Court of Appeals to file a successive petition.

         II. PROCEDURAL HISTORY[1]

         A. The State Case

         On January 22, 2009, a Riverside County Superior Court jury found petitioner guilty of attempted murder, assault with a firearm and possession of a firearm by a felon. The jury also found true allegations that in the course of committing one or more of the foregoing crimes petitioner personally and intentionally used a handgun and/or discharged a firearm causing great bodily injury to another/the victim.[2]

         On March 6, 2009, the trial court found that petitioner had suffered several prior convictions and sentenced petitioner to a total of 42 years to life in state prison. On June 28, 2010, the California Court of Appeal affirmed the judgment, but remanded the case with directions to correct a sentencing error. On remand, the trial court re-sentenced petitioner to a total of 41 years to life in state prison. Petitioner did not seek further direct review.

         Petitioner thereafter sought, and was denied habeas relief in Riverside County Superior Court, the California Court of Appeal and the California Supreme Court.

         B. Prior Federal Actions

         On May 21, 2012, petitioner filed the First Federal Petition in the First Federal Action in which petitioner challenged the judgment in the State Case on the following grounds: (1) the evidence presented at trial was insufficient to support his convictions; and (2) petitioner's appellate counsel rendered ineffective assistance by not raising an insufficiency of the evidence claim on direct review. On June 14, 2013, the previously assigned District Judge accepted the United States Magistrate Judge's Report and Recommendation recommending denial of the First Federal Petition on the merits and dismissal with prejudice. On June 19, 2013, judgment was enter denying the First Federal Petition and dismissing the First Federal Action with prejudice. On August 15, 2014, in the First Ninth Circuit Action, the Ninth Circuit denied petitioner's request for a certificate of appealability.

         On December 3, 2014, petitioner filed a Motion for Relief from Final Judgment in the First Federal Action. On May 29, 2015, the previously assigned District Judge denied such motion without prejudice for lack of jurisdiction and referred it to the Ninth Circuit for consideration as an application to file a second or successive petition pursuant to Ninth Circuit Rule 22-3(a).[3] On October 29, 2015, in the Second Ninth Circuit Action, the Ninth Circuit denied petitioner's request for a certificate of appealability.

         On January 23, 2017, in the Third Ninth Circuit Action, the Ninth Circuit denied petitioner's application to file a second or successive habeas corpus petition, noting that such application only raised claims that had previously been presented in the First Federal Petition.

         C. Current ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.