Hiram E Summers v. Warden M Polland

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

10 HIRAM E. SUMMERS, ) Case No. CV 2:19-cv-09320-DOC-JC ) Petitioner, ) ) v. ) ) ORDER DISMISSING PETITION WARDEN M. POLLAND, ) FOR WRIT OF HABEAS CORPUS ) AND ACTION WITHOUT ) PREJUDICE Respondent.__ )

I. SUMMARY

17 On October 30, 2019, petitioner Hiram Summers, a California prisoner who 18 is proceeding pro se, formally filed a Petition for Writ of Habeas Corpus (“Current 19 Federal Petition”). The Current Federal Petition challenges a 2004 state judgment 20 in Los Angeles County Superior Court Case No. BA260968 (“State Case” or 21 “State Conviction”). 22 Based on the record (including facts as to which this Court takes judicial 23 notice as detailed below) and the applicable law, the Current Federal Petition and 24 this action are dismissed without prejudice for lack of jurisdiction because 25 petitioner did not obtain, and in fact has been denied the requisite authorization 26 from the Court of Appeals to file a successive petition. 27 28 II. …