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Summers v. Polland

United States District Court, C.D. California

October 31, 2019

HIRAM E. SUMMERS, Petitioner,
v.
WARDEN M. POLLAND, Respondent.

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

          HONORABLE DAVID O. CARTER UNITED STATES DISTRICT JUDGE

         I. SUMMARY

         On October 30, 2019, petitioner Hiram Summers, a California prisoner who is proceeding pro se, formally filed a Petition for Writ of Habeas Corpus (“Current Federal Petition”). The Current Federal Petition challenges a 2004 state judgment in Los Angeles County Superior Court Case No. BA260968 (“State Case” or “State Conviction”).

         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

         1. Conviction and Sentence

         On July 8, 2004, in the State Case, a Los Angeles County Superior Court (“LASC”) jury convicted petitioner of first degree murder and found that in the commission of the offense, petitioner personally and intentionally discharged a firearm, a rifle, which proximately caused great bodily injury and death to the victim, Leavar Williams. On July 15, 2004, the trial court sentenced petitioner to fifty years to life in state prison.

         2. Direct Appeal

         On November 28, 2005, the California Court of Appeal, Second Appellate District, affirmed the judgment in a reasoned decision in Case No. B176847. On February 8, 2006, the California Supreme Court denied review in Case No. S140141.

         3. State Collateral Review

         Petitioner thereafter collaterally challenged the judgment in the State Case via petitions for a writ of habeas corpus, petitions for a writ of error coram vobis, and appeals filed in the LASC, the California Court of Appeal, Second Appellate District (Case Nos. B197057, B263684, B288992, B292090, B297405), and/or the California Supreme Court (Case Nos. S151061, S162080, S257134).[2] The California courts denied/rejected such petitions/appeals.

         B. First Federal Action

         On February 14, 2007, petitioner filed a Petition for Writ of Habeas Corpus in the First Federal Action in which petitioner challenged the judgment in the State Case. On January 11, 2008, petitioner filed a First Amended Petition for Writ of Habeas Corpus in the First Federal Action (“Operative First Federal Petition”) in which petitioner challenged the judgment in the State Case.[3] On July 28, 2010, the assigned District Judge adopted the United States Magistrate Judge's Report and Recommendation recommending denial of the Operative First Federal Petition on the merits and dismissal with prejudice. On August 2, 2010, ...


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