Dwight M. McDowell v. Warren L. Montgomery

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

10 DWIGHT M. MCDOWELL, ) Case No. 2:20-cv-00033-DMG-JC ) Petitioner, ) ) ORDER DISMISSING PETITION v. ) FOR WRIT OF HABEAS CORPUS ) AND ACTION WITHOUT WARREN L. MONTGOMERY, ) PREJUDICE ) ) Respondent.__ )

I. SUMMARY

17 On January 2, 2020, petitioner Dwight M. McDowell, a California prisoner 18 who is proceeding pro se, formally filed a Petition for Writ of Habeas Corpus 19 (“Current Federal Petition”). The Current Federal Petition challenges a 2008 state 20 judgment in Los Angeles County Superior Court Case No. BA335672 (“State 21 Case” or “State Conviction”). 22 Based on the record (including facts as to which this Court takes judicial 23 notice as detailed below) and the applicable law, the Current Federal Petition and 24 this action are dismissed without prejudice for lack of jurisdiction because 25 petitioner did not obtain the requisite authorization from the Court of Appeals to 26 file a successive petition. Further, the Clerk of the Court is directed…