Christopher Dickson v. Alan Yochelson

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

CHRISTOPHER DICKSON,

CASE NO. 2:19-cv-07111-DOC (SK) Petitioner,

ORDER DISMISSING PETITION AND

v. DENYING CERTIFICATE OF

APPEALABILITY

ALAN YOCHELSON,

Respondent. Petitioner is a California state prisoner who has filed what he calls a “petition for writ of prohibition,” challenging his 1997 state convictions for robbery, burglary, sexual battery, and rape. (ECF 1). But because a “writ of prohibition is not a means for invalidating the judgment of a non-subordinate court such as a state court,” Olivier-Ward v. Blackwell, 127 F.3d 1106 (9th Cir. 1997), the Court construed the “petition for writ of prohibition” as a federal habeas petition under 28 U.S.C. § 2254. Yet so construed, the Petition was still impermissibly successive, untimely, and procedurally defaulted. Petitioner was thus ordered to show cause why the Petition should not be summarily dismissed on these grounds. (ECF 5). His response, however, contained nothing but non sequiturs. (ECF 6). The Petition is therefore ordered dismissed with prejudice for the three reasons in the Court’s order to show cause. First, the Petition is…