Lewis C. Monigan v. S. Sherman

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 10 LEWIS C. MONIGAN, Case No. 2:20-cv-00537-JVS (GJS)

Petitioner, ORDER: DISMISSING PETITION

AS SECOND OR SUCCESSIVE;

v. DENYING CERTIFICATE OF

APPEALABILITY; AND

S. SHERMAN, WARDEN, REFERRING PETITION

PURSUANT TO NINTH CIRCUIT

Respondent. RULE 22-3(a)

On September 16, 2010, Petitioner filed a 28 U.S.C. § 2254 habeas petition in another District, which thereafter was transferred to this District and assigned Case No. 2:10-cv-07663-JVS (OP) (the “First Petition”). The First Petition challenged Petitioner’s conviction sustained in 2009, in Santa Barbara County Superior Court Case No. 1284146, and his related sentence (collectively, the “State Conviction”). On November 8, 2011, the First Petition action was dismissed without prejudice based on Petitioner’s failure to exhaust his available state remedies. Petitioner did not appeal. On January 23, 2014, Petitioner filed another…