Alfred Eugene Shallowhorn v. Cal. Department of Corrections

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 10 ALFRED EUGENE SHALLOWHORN, ) Case No. CV 23-3652-GW (JPR) 11 ) Petitioner, ) 12 ) ORDER SUMMARILY DISMISSING HABEAS v. ) PETITION AND DENYING MOTION FOR 13 ) LEAVE TO FILE IT FIDENCIO N. GUZMAN, Acting ) 14 Warden, ) ) 15 Respondent. ) 16 On May 10, 2023, Petitioner, a state prisoner, filed a Petition for Writ of Habeas Corpus under 28 U.S.C. § 2254, challenging his 1998 convictions for first-degree murder and related crimes. Recognizing that the Petition on its face is second or successive, he also filed a motion arguing that the Petition does not fall under § 2244(b), which generally bars such 23 Fidencio N. Guzman is substituted in under Federal Rule of Civil Procedure 25(d) as the proper Respondent because he is the 25 acting warden of Centinela State Prison, where Petitioner is housed. See Centinela State Prison (CEN), Cal. Dep’t of Corr. & Rehab., https://www.cdcr.ca.gov/Facility-Locator/CEN/ (last visited July 25, 2023); (see also Pet., ECF No. 1 at 1…