Theodora Medley v. Kathleen Allison
Opinion
trial_court Opinion
CIVIL MINUTES – GENERAL
Case No. 5:21-937-DOC (MAR) Date: June 23, 2021 Title: Present: The Honorable: MARGO A. ROCCONI, UNITED STATES MAGISTRATE JUDGE
ERICA VALENCIA N/A
Deputy Clerk Court Reporter / Recorder
Attorneys Present for Petitioner: Attorneys Present for Defendants:
N/A N/A
Proceedings: (In Chambers) ORDER TO SHOW CAUSE WHY PETITION SHOULD
NOT BE DISMISSED AS SECOND OR SUCCESSIVE, AND INSTEAD
BE TRANSFERRED TO THE NINTH CIRCUIT PURSUANT TO 28
U.S.C. § 1631 FOR APPROPRIATE ACTION
On May 9, 2021, Theodora Medley (“Petitioner”), a state prisoner proceeding pro se, constructively filed1 a Petition for Writ of Habeas Corpus by a Person in State Custody (“Petition”) under 28 U.S.C. § 2254 (“section 2254”), challenging her 2000 murder conviction. ECF Docket No. (“Dkt.”) 1.
The Petition is subject to dismissal under section 2254(b)(1) because it appears to be second or successive.2 See Medley v. Runnels, 506 F.3d 857 (9th Cir. 2007) (en banc). The Court will not make a final determination regarding whether the Petition should be dismissed, however, without giving…