Carl Eugene Gowdy v. Los Angeles County Superior Court

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

CARL EUGENE GOWDY, Case No. 2:24-cv-07964-SB-PD

Petitioner,

ORDER ACCEPTING FINDINGS

v.

AND CONCLUSIONS OF U.S.

LOS ANGELES COUNTY MAGISTRATE JUDGE AND

SUPERIOR COURT, DENYING CERTIFICATE OF

APPEALABILITY

Respondent.

Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition, all the records and files herein, the Report and Recommendation (R&R) of the U.S. Magistrate Judge, and Petitioner’s objections. After reviewing de novo the portions of the R&R to which Petitioner objected, the Court accepts the findings and conclusions of the Magistrate Judge.

Petitioner objects that the R&R fails to acknowledge his contention that his conviction is void because the state’s gang expert allegedly testified falsely in his trial. Dkt. No. 13. But Petitioner challenged his conviction on this ground in a previous habeas petition, Gowdy v. Pfeiffer, No. 23-CV-06514-SB (C.D. Cal.), Dkt. No. 1 at 6–8, which was dismissed as an unauthorized successive petition, Gowdy, No. 23-CV-06514-SB, Dkt. Nos. 7, 8, 9. Petitioner then applied for a certificate of appealability, raising…