United States District Court, C.D. California
ORDER DISMISSING PETITION FOR WRIT OF HABEAS CORPUS
AND ACTION WITHOUT PREJUDICE
HONORABLE CORMAC J. CARNEY UNITED STATES DISTRICT JUDGE
15, 2019, petitioner Lenin Garcia, who is proceeding pro
se, formally filed a Petition for Writ of Habeas Corpus
by a Person in State Custody (“Current Federal
Petition”) pursuant to 28 U.S.C. § 2254. The
Current Federal Petition challenges petitioner's 1993
conviction and sentence in Los Angeles County Superior Court
No. BA055027 (“State Case”).
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 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
(“Ninth Circuit”) pursuant to Ninth Circuit Rule
December 16, 1993, a jury in the State Case convicted
petitioner of second degree robbery, attempted extortion,
conspiracy to commit robbery, conspiracy to commit extortion,
and two counts of kidnapping for ransom. The jury also found
true allegations that the victims of the kidnappings suffered
bodily harm. On February 3, 1994, the trial court sentenced
petitioner to two consecutive terms of life in prison without
the possibility of parole on the kidnapping counts, plus a
consecutive term of five years on the robbery count. The
imposition of sentence was stayed on the remaining counts.
April 1, 1996, on direct appeal, the California Court of
Appeal reduced restitution fines imposed upon petitioner, but
otherwise affirmed the judgment in No. B082499. Petitioner
apparently did not further pursue a direct appeal.
thereafter sought and was denied habeas relief in the Los
Angeles County Superior Court, the California Court of
Appeal, and the California Supreme Court.
First Federal Action and First Ninth Circuit Action
April 29, 1998, petitioner formally filed a petition for writ
of habeas corpus (“First Federal Petition”) in
the First Federal Action, challenging the judgment in the
State Case. On August 14, 1998, the assigned Magistrate Judge
issued a Final Report and Recommendation of United States
Magistrate Judge, recommending that the First Federal Action
be dismissed with prejudice because the First Federal
Petition was time-barred. On August 17, 1998, the assigned
District Judge issued an Order Adopting Final Report and
Recommendation of United States Magistrate Judge and
dismissed the First Federal Petition with prejudice. On
August 29, 1998, judgment was entered accordingly.
September 4, 1998, petitioner filed a notice of appeal. On
November 19, 1998, in the First Ninth Circuit Action, the
Ninth Circuit denied petitioner's request for a
certificate of appealability.
Second Ninth Circuit Action
about April 1, 2003, in the Second Ninth Circuit Action,
petitioner filed an application for leave to file a second or
successive petition. On June 13, 2003, the ...