Kevin Dwayne Walker v. Superior Court of Los Angeles

I. INTRODUCTION

On August 15, 2024, Petitioner Kevin Dwayne Walker, a state prisoner proceeding pro se, constructively filed a First Amended Petition for Writ of Habeas Corpus by a person in state custody pursuant to 28 U.S.C. § 2254. See Dkt. 6 (“FAP”). Petitioner challenges his 2002 conviction for robbery, entered in Los Angeles County Superior Court, Case No. BA228434. See id. at 2. For the reasons set forth below, the Petition is dismissed without prejudice as an unauthorized second or successive petition. Il. PRIOR PROCEEDINGS Pursuant to Rule 201 of the Federal Rules of Evidence, the Court takes judicial notice of the records in Petitioner’s prior federal habeas corpus action, Kevin D. Walker v. Michael Evans, No. CV 08-00559-JSL (SS) (C.D. Cal.

filed Jan. 28, 2008). There, Petitioner sought relief from his 2002 conviction, and the petition in that case was dismissed with prejudice as untimely. See No. CV 08-00559 (Apr. 21, 2008), Dkt. 7, report and recommendation adopted, No. CV 08-00559 (May 23, 2008), Dkt. 9. It does not appear that Petitioner appealed that decision to the Ninth Circuit. In the instant action, Petitioner challenges the same 2002 conviction. See…