Floyd Dewaine Scott v. R.C. Johnson

Good Law
United States District Court, Central District of CaliforniaNovember 2, 20212:21-cv-08309California1,803 words

Opinion

Trial Court Opinion

I.

INTRODUCTION

On October 13, 2021, Floyd Dewaine Scott (“Petitioner”) constructively filed a “Motion for Writ of Mandate to Vacate Conviction for U.S. Constitutional Violations” which the Court construes as a Petition for Writ of Habeas Corpus by a Person in State Custody (“Petition”) pursuant to 28 U.S.C. § 2254. ECF Docket No. (“Dkt.”) 1. Petitioner appears to challenge his 2008 conviction. As discussed below, the Court orders Petitioner to show cause why the Petition should not be dismissed as second and successive.

II.

PROCEDURAL HISTORY

On June 21, 1999, Petitioner was convicted of assault to commit rape, forcible oral copulation, penetration by a foreign object, and false imprisonment by violence in Los Angeles County Superior Court. Scott v. Harrington, No. CV 11-5738-GAF (AJW), 2014 WL 3571732, at *1 (C.D. Cal. June 10, 2014), report and recommendation adopted, 2014 WL 3589828 (C.D. Cal. July 18, 2014). Petitioner was sentenced to state prison for a term of 225 years to life. Id.

The Court takes judicial notice of its own records and files as well as Petitioner’s prior proceedings in the state courts. FED. R. EVID. 201(b)(2); In re Korean Air Lines…

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