Victor Manuel Jimenez v. Josie Gastelo

I. BACKGROUND

18 On July 16, 2020, Petitioner Victor Manuel Jimenez (“Petitioner”) filed a 19 Petition for Writ of Habeas Corpus by a Person in State Custody (“Petition”) pursuant 20 to 28 U.S.C. § 2254. (See Pet., Dkt. No. 1.) Petitioner seeks habeas relief in 21 connection with his current state custody arising from his 2008 conviction in San 22 Bernardino County Superior Court, case number FVA 018285. (Pet. at 2.) 23 The records of this Court establish that Petitioner instituted a prior habeas 24 action concerning his 2008 conviction. See Jimenez v. Gonzalez, Case No. 25 5:10-cv-01386-GHK-FMO (C.D. Cal. filed Sept. 13, 2010). In Petitioner’s prior 26 27 The Court takes judicial notice of these court records and files as well as those of the Court of Appeals for the Ninth Circuit, as necessary herein. See Fed. R. Evid. 201(b)(2); Harris v. Cnty. habeas action, the Court denied with prejudice the operative petition. See Jimenez v. Gonzalez, No. 5:10-cv-01386-GHK-FMO (C.D. Cal. Aug. 30, 2012) (order accepting Report and Recommendation and Judgment), ECF Nos. 22, 23.2 A review of the instant Petition demonstrates that…