Floyd Scott v. State of California
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
9 FLOYD SCOTT, Case No. CV 19-5737-JVS (KK) Petitioner, ORDER SUMMARILY DISMISSING
ACTION WITHOUT PREJUDICE
v.
STATE OF CALIFORNIA,
Respondent.
15 16 I. INTRODUCTION On June 19, 2019, Floyd Scott (“Petitioner”) constructively filed1 a “Motion for Rule 60(b) Hearing” which the Court construes as a Petition for Writ of Habeas Corpus by a Person in State Custody (“Petition”) pursuant to 28 U.S.C. § 2254 challenging his 2008 conviction. On August 7, 2019, the Court issued an Order to Show Cause Why Petition Should Not Be Summarily Dismissed As Second And Successive (“OSC”). On August 19, 2019, Petitioner constructively filed a response to the OSC. For the reasons discussed below, the Court summarily DISMISSES this action without prejudice. 27 1 Under the “mailbox rule,” when a pro se prisoner gives prison authorities a pleading II. …