Marvin Vernis Smith v. Marcus Pollard

1

2 3 4 5 6 7 8 9 IN THE UNITED STATES DISTRICT COURT 10 FOR THE CENTRAL DISTRICT OF CALIFORNIA 11 12 Case No. SA CV 20-1550 ODW (MRW) 13 MARVIN VERNIS SMITH,

ORDER DISMISSING ACTION

14 Petitioner,

WITHOUT PREJUDICE

15 v. 16 MARCUS POLLARD, Warden, 17 Respondent. 18

19 The Court summarily dismisses Petitioner’s habeas action without 20 prejudice as successive under 28 U.S.C. § 2244. 21 * * * 22 1. Petitioner is a state prisoner serving a life term in prison for 23 the murder of his wife. 24 2. Petitioner (through a retained attorney) previously sought 25 federal habeas relief in this district regarding his conviction. The Court 26 originally granted that habeas petition. Smith v. Lopez, No. SA CV 11- 27 1076 ODW (MRW) (C.D. Cal.). The Ninth Circuit affirmed the decision. 28 1 Smith v. Lopez, 731 F.3d 859 (9th Cir. 2013). However, the U.S. Supreme 2 Court reversed the Ninth Circuit in a per curiam ruling. Lopez v. Smith, 3 574 U.S. 1 (2014). Petitioner remained in state custody during the 4 pendency of the federal proceedings. 5 3. In 2020, Petitioner (now a pro se litigant) filed the current 6 …