Dominique Merriman v. State of California

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 10

DOMINIQUE MERRIMAN, ) NO. CV 19-5757-AB (AGR)

) 12 Petitioner, ) ) OPINION AND ORDER ON 13 v. ) SECOND OR SUCCESSIVE ) PETITION 14 ) MICHAEL MARTEL, Warden, ) 15 ) Respondent. ) 16 ) ) 17 Because Petitioner previously challenged the same underlying state-court judgment in a prior habeas action that the Court dismissed with prejudice, and because Petitioner lacks Ninth Circuit authorization to file a second or successive habeas petition, the Court lacks jurisdiction over the Petition for Writ of Habeas Corpus. 23 24 1 Petitioner listed “State of California” as the Respondent. Petitioner is currently incarcerated at the California Health Care Facility (“CHCF”) in Stockton, CA. According to the California Department of Corrections and Rehabilitation (“CDCR”)’s website, Michael Martel has been the Warden at CHCF since August 2016. Pursuant to Fed. R. Civ. P. 25(d), the Court substitutes Michael Martel as the proper Respondent. See…