Stephen Martin Whitfield, Sr. v. The Attorney General of the State of California

Good Law
United States District Court, Central District of CaliforniaDecember 7, 20235:23-cv-02252California1,588 words

Opinion

Trial Court Opinion

CIVIL MINUTES – GENERAL

Case No. EDCV 23-02252-CAS (AS) Date December 7, 2023 Title Stephen Martin Whitfield, Sr. v. Attorney General of the State of California

Present: The Honorable Alka Sagar, United States Magistrate Judge Alma Felix N/A Deputy Clerk Court Reporter / Recorder Attorneys Present for Plaintiff: Attorneys Present for Defendant: Not present Not present

Proceedings (In Chambers): Order to Show Cause Why the Petition Should Not Be Dismissed as Successive On October 23, 2023, Stephen Martin Whitfield, Sr. (“Petitioner”), a California state prisoner proceeding pro se, filed a Petition for Writ of Habeas Corpus by a Person in State Custody (“Petition”), pursuant to 28 U.S.C. § 2254, challenging his 1991 conviction in Riverside County Superior Court. (Dkt. No. 1). The Petition appears to be successive. The Antiterrorism and Effective Death Penalty Act (“AEDPA”), which applies here because the Petition was filed after AEDPA’s effective date of April 24, 1996, prohibits a second or successive petition absent permission by the appropriate court of appeals. …

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