Osbun Walton v. MCJ Terminal Annex 86164
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 10 11 OSBUN WALTON, ) Case No. 2:21-cv-7006-VAP(JPR) ) Petitioner, ) 12 ) ORDER SUMMARILY DISMISSING 13 v. ) PETITION FOR WRIT OF HABEAS ) CORPUS
MCJ TERMINAL ANNEX 86164, )
14 ) Respondent. ) 15 On August 30, 2021, Petitioner filed a habeas Petition challenging his 1995 convictions in Los Angeles County Superior Court (Pet. at 2) for first-degree murder and related crimes (see Mot. at 3). On September 10, 2021, Respondent essentially moved to dismiss, asking that the Court vacate its order requiring a response to the Petition because it is successive and Petitioner did not receive permission from the Ninth Circuit Court of Appeals to file it. Petitioner has not timely filed any response to the motion. As Respondent notes, in 2000 this Court denied on the merits Petitioner’s original habeas petition challenging the same convictions and dismissed the case with prejudice. (See Lodged Doc. 1.) The Ninth Circuit affirmed, and the U.S. Supreme Court 1 denied Petitioner’s…