Dominique Merriman v. State of California

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 10

DOMINIQUE MERRIMAN, ) NO. CV 20-5940-AB (AGR)

) 12 Petitioner, ) ) OPINION AND ORDER ON 13 v. ) SECOND OR SUCCESSIVE ) PETITION 14 ) ROBERT BURTON, Acting Warden, ) 15 ) Respondent. ) 16 ) ) 17 Because Petitioner previously challenged the same underlying state-court judgment in a prior habeas action that the Court dismissed with prejudice, and because Petitioner lacks Ninth Circuit authorization to file a second or successive habeas petition, the Court lacks jurisdiction over the Petition for Writ of Habeas Corpus. 23 24 25 1 Petitioner listed “State of California” as the Respondent. Petitioner is currently incarcerated at the California Health Care Facility (“CHCF”) in Stockton, CA. According to the California Department of Corrections and Rehabilitation (“CDCR”)’s website, Robert Burton is the Acting Warden at CHCF. Pursuant to Fed. R. Civ. P. 25(d), the Court substitutes Robert Burton as the proper Respondent. See Rumsfield v. Padilla, 542…