Kevin B. Mam v. Stu Sherman
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
WESTERN DIVISION
KEVIN B. MAM, No. CV 20-04818-ODW (DFM)
Petitioner, Order Summarily Dismissing Petition for Lack of Jurisdiction v.
STU SHERMAN,
Respondent.
On May 29, 2020, Petitioner filed in this action a Petition for Writ of Habeas Corpus by a Person in State Custody under 28 U.S.C. § 2254. See Dkts. 1 (“Petition”), 2. The Petition seeks relief from Petitioner’s 2005 conviction for first-degree murder. See id. at 2. This is Petitioner’s second habeas corpus petition in this Court; a previous petition for habeas relief from the same 2005 conviction was summarily dismissed as untimely. See Mam v. Sherman, No. 20-00057-ODW (DFM), Dkt. 5. Petitioner did not appeal the prior dismissal. Accordingly, this Petition is successive. See McNabb v. Yates, 576 F.3d 1028, 1030 (9th Cir. 2016) (holding that dismissal of habeas petition for failure to comply with statute of limitations renders subsequent petitions second or successive). The Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”) “creates a ‘gatekeeping’ mechanism for the consideration of second or successive application…