Terry Holmes v. Robert Neuschmid

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 10 TERRY HOLMES, Case No. 5:19-cv-01707-ODW (AFM) Petitioner, ORDER SUMMARILY DISMISSING PETITION FOR v.

WRIT OF HABEAS CORPUS FOR

LACK OF SUBJECT MATTER ROBERT NEUSCHMID, Warden, JURISDICTION Respondent.

17 In 2013, after Petitioner was convicted in the San Bernardino County Superior 18 Court of assault with a deadly weapon and allegations that he suffered prior felony 19 convictions were found true, he was sentenced to state prison for a term of 33 years 20 to life. (ECF No. 1 at 2.) In 2016, Petitioner filed a federal habeas corpus petition 21 challenging that conviction. (Case No. 5:16-cv-00293-ODW(AFM)). Petitioner 22 raised five claims for relief, four of which focused upon an allegation that Petitioner 23 was prosecuted after the statute of limitation had expired. On August 5, 2016, 24 judgment was entered denying the petition on the merits. Both this Court and the 25 Ninth Circuit Court …