Martin J. Bibbs v. W. J. Sullivan
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 10 MARTIN J. BIBBS, Case No. 2:21-cv-05398-PA (AFM)
Petitioner,
ORDER SUMMARILY DISMISSING
HABEAS PETITION FOR LACK OF v.
SUBJECT MATTER JURISDICTION
W.J. SULLIVAN,
15 Respondent. 16 17 In 1991, Petitioner was convicted of two counts of willful, deliberate, and premeditated attempted murder, two counts of assault with a deadly weapon, and one count of assault with a firearm. He was sentenced to state prison for two consecutive terms of seven years to life. (ECF 1.) On July 1, 2021, Petitioner filed this petition for a writ of habeas corpus challenging his 1991 conviction. See 28 U.S.C. § 2254. The petition raises a single claim for relief – namely, Petitioner alleges that he is actually innocent. (ECF 1 at 5, 19-20.) In support of his claim, Petitioner includes the February 15, 2013 declaration from one of the victims (Ayo Nwanodi Hullett) recanting his trial testimony. (ECF 1 at 16-18.) Petitioner previously has filed a …