Paul Flores v. Robert Newschmid
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
WESTERN DIVISION
PAUL FLORES, No. CV 20-00500-VBF (DFM)
Petitioner, Order Summarily Dismissing Petition for Lack of Jurisdiction v.
ROBERT NEWSCHMID, Warden,
Respondent.
On January 17, 2020, Paul Flores (“Petitioner”) filed a Petition for Writ of Habeas Corpus by a Person in State Custody under 28 U.S.C. § 2254. See Dkt. 1 (“Petition”). On the same date, Petitioner requested that the instant proceedings be stayed under Rhines v. Weber, 544 U.S. 269 (2005). See Dkt. 3. The Court then ordered Respondent to file an opposition or statement of non- opposition to Petitioners’ request. See Dkt. 5 (“Response Order”). Respondent now moves to vacate the Response Order on the ground that the Petition is second and successive, and thus the Court lacks jurisdiction over the matter. See Dkt. 7. Respondent notes that Petitioner filed a federal habeas petition in 2007, which was dismissed with prejudice as untimely. See id. at 1; see also Flores v. Horel, No. 07-03100 (C.D. Cal. Filed May 10, 2007), Dkts. 1 (Petition), 14 (R&R), 30 (Order Accepting R&R), 31 (Judgment), 39 (Order Denying…