Stephen S. Miller v. Director of Atascadero State Hospital
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
9 STEPHEN S. MILLER, Case No. SACV 20-1035-RGK (KK) Petitioner, ORDER SUMMARILY DISMISSING
ACTION WITHOUT PREJUDICE
v.
DIRECTOR OF ATASCADERO
STATE HOSPITAL,
14 Respondent. 15 16 I. INTRODUCTION Petitioner Stephen S. Miller (“Petitioner”), proceeding pro se, filed a First Amended 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, which was transferred to this Court on June 8, 2020. Petitioner challenges his 2007 convictions for first degree residential burglary and receiving stolen property. The Court issued an Order to Show Cause Why Petition Should Not Be Summarily Dismissed As Second And Successive (“OSC”). Petitioner’s responses to the OSC fail to cure the deficiencies identified by the Court. Hence, for the reasons discussed below, this Court dismisses the Petition without prejudice. II. …