Melvin Joseph Simmons v. Marion E. Spearman

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 10 MELVIN JOSEPH SIMMONS, ) NO. CV 19-7247-TJH(E) ) Petitioner, ) ) v. ) ORDER OF DISMISSAL ) MARION E. SPEARMAN, Warden, ) et al., ) ) Respondents. ) ______________________________) 17 On August 12, 2019, Petitioner, a state prisoner, filed in the United States District Court for the Southern District of California a “Petition for Writ of Habeas Corpus” (“the Petition”). On August 21, 2019, this Court received a transfer of the Petition from the Southern District. The Petition challenges a 1987 Los Angeles Superior Court criminal judgment. Petitioner previously challenged this same Superior Court judgment in a prior habeas corpus petition filed in this Court. See Simmons v. Hill, CV 96-2174-TJH(CW). On July 15, 1999, this Court entered judgment in Simmons v. Hill, CV 96-2174- TJH(CW), denying and dismissing the prior petition on the merits with prejudice. The Court must…