Floyd Scott v. State of California
Opinion
Trial Court Opinion
I.
INTRODUCTION
On June 19, 2019, Floyd Scott (“Petitioner”) constructively filed a “Motion for Rule 60(b) Hearing” which the Court construes as a Petition for Writ of Habeas Corpus by a Person in State Custody (“Petition”) pursuant to 28 U.S.C. § 2254 challenging his 2008 conviction. The Petition appears subject to dismissal because it is second and successive. The Court will not make a final determination regarding whether the Petition should be dismissed, however, without giving Petitioner an opportunity to address this issue.
Accordingly, the Court hereby issues this Order to Show Cause why the Petition should not be dismissed, and specifically orders Petitioner to respond to the Order to Show Cause in writing no later than August 28, 2019. The Court further directs Petitioner to review the information that follows, which details why the Petition appears to be subject to dismissal and may assist Petitioner in determining how to respond.
II.
PROCEDURAL HISTORY
On June 21, 1999, Petitioner was convicted of assault to commit rape, forcible oral copulation, penetration by a foreign object, and false imprisonment by violence in Los Angeles County Superior Court. …