Miguel Gutierrez v. W.L. Montgomery
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
WESTERN DIVISION
MIGUEL GUTIERREZ, No. CV 20-02737-CJC (DFM) Petitioner, Order Summarily Dismissing Petition for Lack of Jurisdiction and v. Administratively Closing Case
W.L. MONTGOMERY,
Respondent.
On March 24, 2020, Miguel Gutierrez (“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”). The Petition challenges Petitioner’s 2012 conviction for first degree murder. See id. at 2. In a separate federal habeas petition filed in 2016, Petitioner challenged the same 2012 judgment of conviction. See Gutierrez v. Montgomery, No. 16- 02309-CJC (DFM) (C.D. Cal. filed April 5, 2016) (“Gutierrez I”), Dkt. 1.1 Because Petitioner’s ground for relief in the instant Petition appeared duplicative of the grounds raised in Gutierrez I, on April 3, 2020, the Magistrate Judge issued an Order to Show Cause why the Petition should not be dismissed as second and successive. See Dkt. 3. 1 That action is currently stayed so that Petitioner can exhaust his state remedies. On May 18, Petitioner filed a “Letter of…