Jose Felipe Velasco v. Craig Koenig

Good Law
United States District Court, Central District of CaliforniaNovember 1, 20208:20-cv-01889California977 words

Opinion

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA 10

JOSE FELIPE VELASCO, NO. SACV 20-1889-JLS (AGR)

12 Petitioner, OPINION AND ORDER ON

SECOND OR SUCCESSIVE

v. PETITION; ORDER TRANSFERRING

MOTION TO NINTH CIRCUIT

CRAIG KOENIG, Warden,

Respondent.

18 Because Petitioner previously challenged the same underlying state-court 19 judgment in a prior habeas action that the Court dismissed with prejudice, and 20 because Petitioner lacks Ninth Circuit authorization to file a second or successive 21 habeas petition, the Court lacks jurisdiction over the Petition for Writ of Habeas 22 Corpus. 23 I.

PROCEDURAL HISTORY

25 Pursuant to Fed. R. Evid. 201, the Court takes judicial notice of the records 26 in Petitioner’s prior federal habeas corpus action in the Central District of 27 28 California in Velasco v. Allison, No. SACV 12-1011-JLS (AGR) (C.D. Cal.) (“Velasco I”). On April 2, 2009, a Los Angeles County Superior Court jury convicted Petitioner of committing a lewd act upon a child, a lewd act upon a…

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