Raymond Thomas Garcia Jr. v. Superior Court of the County of San Bernardino Juvenile Dependency

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

EASTERN DIVISION

RAYMOND THOMAS GARCIA, No. ED CV 20-01325-FMO (DFM)

JR.,

Order Summarily Dismissing Petition Petitioner, for Lack of Jurisdiction

v.

SUPERIOR COURT OF THE

COUNTY OF SAN BERNARDINO

et al.,

Respondents.

On June 29, 2020, Raymond Thomas Garcia, Jr. (“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”). This is Petitioner’s second such petition filed within a year. See Raymond Garcia II v. San Bernardino et al., Case No. ED CV 19-2264-FMO (DFM) (“Prior Case”), Dkt. 1 (state habeas corpus petition filed by Petitioner in November 2019). The Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”) “creates a ‘gatekeeping’ mechanism for the consideration of second or successive applications in district court.” Felker v. Turpin, 518 U.S. 651, 657, (1996). Under this procedure, “[a]n individual seeking to file a ‘second or successive’ application must move in the appropriate court of appeals for an order directing the district court to consider his application.” Stewart v. Martinez-Villareal,…