NaDonte Larrimore v. Warden Gastelo

JS-6 2 3 4 5 6 7 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION 11 NADONTE LARRIMORE, ) No. CV 19-8299-CJC (PLA) ) Petitioner, ) ORDER DISMISSING SUCCESSIVE ) PETITION WITHOUT PREJUDICE v. ) ) WARDEN GASTELO, ) ) Respondent. ) ) 17 I. BACKGROUND On September 25, 2019, petitioner filed a Petition for Writ of Habeas Corpus by a Person in State Custody pursuant to 28 U.S.C. § 2254 (“Petition”). In the Petition, petitioner challenges his 2003 conviction for two counts of first degree residential burglary (Cal. Penal Code §§ 459, 460(a)) by alleging a due process violation based on a recent Supreme Court decision. (See ECF No. 1 at 2, 5, 9-25). In 2006, petitioner filed a previous habeas petition in this Court (the “2006 Petition”). (See Case No. CV 06-1125-CJC (PLA), ECF No. 1). Petitioner in the…