David Chestra v. R.C. Johnson

Case 2:22-cv-03115-DOC-GJS Document Filed 05/18/ Page 1 of Page ID #:

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

DAVID CHESTRA, Case No. 2:22-cv-03115-DOC (GJS) Petitioner

ORDER: DISMISSING PETITION

v. AS SECOND OR SUCCESSIVE;

DENYING CERTIFICATE OF

R.C. JOHNSON, WARDEN, APPEALABILITY; AND

REFERRING PETITION

Respondent. PURSUANT TO NINTH CIRCUIT RULE 22-3(a)

17 On May 29, 2019, Petitioner, a state prisoner, commenced a 28 U.S.C. § 2254 action in Case No. 2:19-cv-04675-RSWL (GJS) (the “Prior Petition”). The Prior Petition sought habeas relief with respect to Petitioner’s 2015 Los Angeles County Superior Court conviction for first degree murder and related sentence of 100 years to life (the “State Conviction”), and the Prior Petition raised five claims. On February 1, 2021, United States District Judge Ronald S.W. Lew denied the Prior Petition on its merits and dismissed the case with prejudice, and Judgment was entered. Petitioner did not appeal.1 …