Lawrence Conway v. Stu Sherman
Opinion
Trial Court Opinion
CIVIL MINUTES - GENERAL
Case No. 2:20-cv-10965-SVW (SK) Date December 23, 2020 Title Lawrence Conway v. Stu Sherman
Present: The Honorable Steve Kim, U.S. Magistrate Judge Erica Valencia n/a Deputy Clerk Court Smart / Recorder Attorneys Present for Petitioner: Attorneys Present for Respondent: None present None present
Proceedings: (IN CHAMBERS) ORDER TO SHOW CAUSE
In December 2020, Petitioner filed a petition under 28 U.S.C. § 2254 challenging his 2000 state conviction for first-degree murder with special circumstances for rape and torture. (ECF 1 at 53). Petitioner is serving a sentence of life without parole. (Id.). He seeks to overturn his conviction under changes to California state law. (Id. at 5-6). On its face, however, the petition is subject to summary dismissal on at least three grounds.
First, the petition is impermissibly second and successive. In February 2003, Petitioner filed a § 2254 petition challenging the same 2000 conviction. (C.D. Cal. Case No. 2:03-cv- 00852-SGL-AJW). That petition was denied in May 2006. (Id.). So to file a second or successive…