Paul Flores v. Robert Newschmid

BACKGROUND

On January 17, 2020, Paul Flores (“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”). On the same date, Petitioner requested that the instant proceedings be stayed under Rhines v. Weber, 544 U.S. 269 (2005). See Dkt. 3. The Court ordered Respondent to file an opposition or statement of non- opposition to Petitioner’s request. See Dkt. 5. On February 13, 2020, Respondent filed a Motion to Vacate the Court’s order on the ground that the Petition was second and successive. See Dkt. 7. Respondent noted that Petitioner filed a federal habeas petition in 2007, which was dismissed with prejudice as untimely. See id. at 1 (citing Flores v. Horel, No. 07-03100 (C.D. Cal. Filed May 10, 2007), Dkts. 1 (Petition), 14 (R&R), 30 (Order Accepting R&R), 31 (Judgment), 39 (Order Denying Certificate of Appealability), 54 (Ninth Circuit Order Denying Certificate of Appealability)). Petitioner did not file a response or otherwise contact the Court. Accordingly, on April 7, the Court found that the Petition was second and successive and summarily dismissed the Petition without prejudice. See Dkts. 10…