Nathan Hill v. Orange County

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

WESTERN DIVISION

NATHAN HILL, Case No. CV 20-08411-VAP (DFM)

Petitioner, ORDER SUMMARILY DISMISSING

PETITION

v.

ORANGE COUNTY,

Respondent.

On November 6, 2020, Nathan Hill (“Petitioner”), a state prisoner proceeding pro se, filed a Petition for Writ of Habeas Corpus under 28 U.S.C. § 2254. See Dkt. 1 (“Petition”). Petitioner did not challenge his 2017 conviction for assault but instead argued that the Court had denied him access to courts by “repeatedly dismissing every habeas corpus, civil suit, & disqualification of a judge motion” he has filed. Id. at 3. The Court dismissed the Petition with leave to amend, explaining that Petitioner could not bring a First Amendment-based access-to-courts claim in a habeas corpus petition. See Dkt. 5. The Court warned Petitioner that failure to file a First Amended Petition by the deadline set in the order could result in dismissal for non-cognizability and failure to prosecute. See id. Petitioner did not respond to the Court’s order, and the Court issued an order to show cause why the Petition should not be dismissed for failure to…