United States District Court, C.D. California
ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS AND
DISMISSING ACTION WITHOUT PREJUDICE
HONORABLE JACQUELINE CHOOLJIAN UNITED STATES MAGISTRATE JUDGE
April 25, 2017, petitioner Michael Brock
(“petitioner”), a California prisoner who is
proceeding pro se, formally filed a Petition for
Writ of Habeas Corpus (the “Current Federal
Petition”) and an Election Regarding Consent to Proceed
Before a United States Magistrate Judge which reflects that
he voluntarily consents to have a United States Magistrate
Judge conduct all further proceedings in this case, decide
all dispositive and non-dispositive matters, and order the
entry of final judgment. The Current Federal Petition challenges
a state judgment entered in 2000 following petitioner's
guilty plea in Barstow, California, in San Bernardino County
Superior Court Case No. FBA04003 (the “State
Case” or “State Conviction”).
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).
State Conviction, Direct Appeal, and State Habeas
about July 10, 2000, petitioner pleaded guilty to one count
of first degree murder. The San Bernardino County Superior
Court sentenced petitioner to 25 years to life in state
prison in accordance with the plea agreement. Petitioner had
faced a potential sentence of life without the possibility of
February 14, 2002, the Court of Appeal affirmed the judgment
on direct appeal in a reasoned decision. Petitioner did not
petition the California Supreme Court for review of the Court
of Appeal's decision.
thereafter sought, and was denied habeas relief in the San
Bernardino County Superior Court, the California Court of
Appeal, and the California Supreme Court.
First Federal Action/First Ninth Circuit Action/Supreme Court
November 12, 2009, in the First Federal Action, petitioner
formally filed the First Federal Petition in which he
challenged the judgment in the State Case on multiple
grounds. On April 9, 2014, judgment was entered dismissing
the First Federal Petition with prejudice as untimely.
February 6, 2015, the Ninth Circuit denied petitioner's
request for a certificate of appealability in the First Ninth
Circuit Action. On March 15, 2015, the Ninth Circuit denied
petitioner's motions for reconsideration.
October 13, 2015, the U.S. Supreme Court denied
petitioner's motion to file a petition for writ of
certiorari out of time in the Supreme Court Action.
Second Federal Petition/Second ...