Eric D. Jones v. Neil McDowell

INTRODUCTION

18 On October 24, 2019, Eric D. Jones (“Petitioner”), a prisoner in state custody 19 proceeding pro se, filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 20 (“Petition” or “Pet.”), in which he challenges his conviction and sentence in Los Angeles 21 County Superior Court case number YA071018. (See Pet. at 2;1 Motion to Vacate at 1-2.) 22 On November 13, 2019, Respondent filed a Motion to Vacate Order Requiring 23 Response, arguing that the Petition is an unauthorized second or successive petition over 24 which this Court lacks jurisdiction. On February 18, 2020, Petitioner filed an Opposition. 25 Respondent did not file a Reply. The Motion to Vacate is now ready for decision. 26 27 28 Pursuant to 28 U.S.C. § 636(c), both parties have consented to proceed before this Magistrate Judge. For the reasons set forth more fully below, the Court finds that the Motion to Vacate should be granted, the Petition should be referred to the Ninth Circuit Court of Appeals for consideration as an application for leave to file a second or successive habeas petition, and this action should be dismissed without prejudice to refiling after 6 …