Stephen S. Miller v. Director of Atascadero State Hospital

I.

INTRODUCTION

On March 12, 2020, Stephen S. Miller (“Petitioner”), proceeding pro se and in forma pauperis, filed a First Amended Petition for Writ of Habeas Corpus by a Person in State Custody (“Petition”) pursuant to 28 U.S.C. § 2254 in the Eastern District of California, challenging his 2007 conviction for first degree residential burglary and receiving stolen property. On June 8, 2020 the Petition was transferred to this Court. The Petition appears subject to dismissal because it is second and successive. The Court will not make a final determination regarding whether the Petition should be dismissed, however, without giving Petitioner an opportunity to address this issue.

II.

PROCEDURAL HISTORY

A. STATE COURT PROCEEDINGS

On December 18, 2007, Petitioner was convicted of first degree burglary and receipt of stolen property in Orange County Superior Court. See People v. Miller, No. G040452, 2009 WL 1710107, at *1 (Cal. Ct. App. June 18, 2009). In addition, the jury found true an allegation that

1 The Court takes judicial notice of Petitioner’s prior proceedings in this Court and in the state courts. See In re Korean Air Lines Co., 642 F.3d 685, 689 n.1 (9th…