Kenneth Wayne Mills v. CA Dept. of Corrections and Rehabilitation

I.

INTRODUCTION

On September 26, 2019, Kenneth W. Mills (“Petitioner”) constructively filed a Petition for Writ of Habeas Corpus by a Person in State Custody (“Petition”) pursuant to 28 U.S.C. § 2254 challenging his conviction for mayhem and assault. The Petition appears subject to dismissal because it is second and successive. The Court will not make a final determination regarding whether the Petition should be dismissed, however, without giving Petitioner an opportunity to address this issue.

II.

PROCEDURAL HISTORY

A. STATE COURT PROCEEDINGS

Petitioner was convicted of mayhem and assault in Los Angeles County Superior Court arising out of an incident on March 3, 2005 while he was a patient at Metropolitan State Hospital in Norwalk, California. See People v. Mills, No. B247127, 2014 WL 3509975, at *1 (Cal. Ct. App. July 16, 2014). Petitioner was sentenced to a term of twenty-one years in state prison. Id. On July 16,

1 The Court takes judicial notice of Petitioner’s prior proceedings in this Court and in the state courts. See In re Korean Air Lines Co., 642 F.3d 685, 689 n.1 (9th Cir. 2011). 2014, the California Court of Appeal affirmed the conviction. Id. The…