Martinez

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 DERRICK L. JOHNSON, Case No.: 24-cv-0981-MMA (JLB)

Petitioner,

ORDER DISMISSING SECOND

v. AMENDED PETITION WITHOUT

PREJUDICE

KELLY MARTINEZ, et al.,

Respondents. [Doc. No. 11] 16 The Court has on two prior occasions dismissed this federal habeas action without prejudice and the case is currently closed and on appeal. See Doc. Nos. 2, 7, 8. Presently before the Court is Petitioner’s Second Amended Petition (“SAP”). Doc. No. 11. For the reasons discussed below, the Court concludes it has jurisdiction over the action despite the appeal and again DISMISSES this habeas action without prejudice. I. RELEVANT PROCEDURAL HISTORY On June 3, 2024, Petitioner filed a Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254. Doc. No. 1. On June 11, 2024, the Court dismissed the case without prejudice based on Petitioner’s failure to satisfy the filing fee requirement,…