Tracy L. Stewart v. Johnson

1 2 3 O 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 TRACY L. STEWART, Case No. 2:19-cv-06400-KES 12 Petitioner,

ORDER GRANTING MOTION TO

13 v.

VACATE AND DISMISSING HABEAS

14 JOHNSON, Warden, PETITION AS SUCCESSIVE 15 Respondent. 16 17 I. 18 INTRODUCTION 19 In July 2019, Petitioner Tracy L. Stewart (“Petitioner”) filed a Petition for 20 Writ of Habeas Corpus by a Person in State Custody pursuant to 28 U.S.C. § 2254. 21 (Dkt. 1 [“Petition”].) The Petition challenges Petitioner’s 1986 convictions for 22 multiple counts of kidnapping and robbery. (Id. at 2.) 23 The Court ordered Respondent to respond to the Petition. (Dkt. 4 [“Order 24 Requiring Response”].) The Order Requiring Response noted that while Petitioner 25 had filed a previous federal habeas petition in 2014, it was unclear whether the 26 instant Petition was successive, because the California Court of Appeal had ordered 27 modifications to Petitioner’s sentence that might have resulted in a new…