Ruben Herrera v. Secretary of Corrections

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

10 11 RUBEN HERRERA, ) Case No. EDCV 21-0329-CJC (JPR) ) 12 Petitioner, ) ) ORDER SUMMARILY DISMISSING 13 v. ) PETITION FOR WRIT OF HABEAS ) CORPUS FOR LACK OF SUBJECT-MATTER 14 SECRETARY OF CORRECTIONS, ) JURISDICTION ) 15 Respondent. ) ) 16 17 On March 2, 2021, Petitioner filed a Habeas Corpus Petition 18 under 28 U.S.C. § 2254. It challenges his 2014 convictions and 19 sentence in Los Angeles County Superior Court for various sex- 20 related offenses. (Pet. at 2.)1 21 This is not Petitioner’s first federal habeas petition, 22 however. His 2017 petition challenging the same judgment was 23 denied as untimely. See R. & R., Herrera v. Sec’y of Corrs., No. 24 CV 17-5874-CJC (JPR), 2018 WL 3424583, at *11 (C.D. Cal. Apr. 5, 25 26 1 In both this Petition and the earlier one discussed herein, Petitioner describes his convictions as having occurred in 2013. 27 In fact, he was convicted in July 2014. See Lodged Doc. 1, 3 28 Clerk’s Tr. at 626-32, Herrera v. Sec’y of Corrs., No. CV 17-5874- CJC…