Lewis C. Monigan v. S. Sherman

2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 LEWIS C. MONIGAN, Case No. 2:20-cv-00537-JVS (GJS)

12 Petitioner, ORDER: DISMISSING PETITION

AS SECOND OR SUCCESSIVE;

13 v. DENYING CERTIFICATE OF

APPEALABILITY; AND

14 S. SHERMAN, WARDEN, REFERRING PETITION

PURSUANT TO NINTH CIRCUIT

15 Respondent. RULE 22-3(a)

16

17 On September 16, 2010, Petitioner filed a 28 U.S.C. § 2254 habeas petition in 18 another District, which thereafter was transferred to this District and assigned Case 19 No. 2:10-cv-07663-JVS (OP) (the “First Petition”). The First Petition challenged 20 Petitioner’s conviction sustained in 2009, in Santa Barbara County Superior Court 21 Case No. 1284146, and his related sentence (collectively, the “State Conviction”). 22 On November 8, 2011, the First Petition action was dismissed without prejudice 23 based on Petitioner’s failure to exhaust his available state remedies. Petitioner did 24 not appeal. 25 On January 23, 2014, Petitioner filed another…