Tracy L. Stewart v. Johnson

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

ORDER GRANTING MOTION TO

v.

VACATE AND DISMISSING HABEAS

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