Michael Spengler v. L.A. County D.A. Office

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

10 MICHAEL SPENGLER, ) Case No. CV 20-4723-DOC (SP) ) Petitioner, ) ) MEMORANDUM AND ORDER v. ) SUMMARILY DISMISSING PETITION ) FOR WRIT OF HABEAS CORPUS L.A. COUNTY D.A. OFFICE, ) ) Respondent. ) ) ) ) 17 I. INTRODUCTION On May 27, 2020, petitioner Michael Spengler, an inmate at the Twin Towers Correctional Facility (“TTCF”), filed a “Pre-Trial” Petition for Writ of Habeas Corpus (“Petition”). Petitioner is a pretrial detainee, and claims he faces irreparable injury because he is being retried in violation of the Double Jeopardy Clause. With the Petition, petitioner seeks a stay of his state criminal case to allow this Court time to intervene in the state criminal case. For the reasons that follow, the Court finds the instant Petition is improperly successive, and indeed raises a claim this Court has twice previously dismissed 28 1 with prejudice. …