Casey O Carroll v. R.C. Johnson

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 10 CASEY O. CARROLL, ) NO. CV 20-9546-DSF(E) ) Petitioner, ) ) v. ) ORDER OF DISMISSAL ) R.C. JOHNSON, Warden, ) ) Respondent. ) ______________________________) 16 17 On October 15, 2020, Petitioner filed a “Petition for Writ of Habeas Corpus by a Person in State Custody.” The Petition challenges a 1995 Los Angeles Superior Court “conviction and/or sentence” (Petition at 2). Petitioner previously challenged this same 1995 Superior Court proceeding in a prior habeas corpus petition filed in this Court. See Carroll v. Giurbino, CV 02-1295-FMC(Mc). On November 25, 2003, this Court entered Judgment in Carroll v. Giurbino, CV 02-1295-FMC(Mc), dismissing the prior petition as untimely. 26 The Court must dismiss the present Petition in accordance with 28 U.S.C. section 2244(b) (as amended by the “Antiterrorism and Effective Death Penalty Act of 1996”). Section 2244(b) requires that a petitioner seeking to…