Michael Aleman v. David Holbrook

Good Law
United States District Court, Central District of CaliforniaNovember 24, 20215:21-cv-01954California687 words

Opinion

Trial Court Opinion

CIVIL MINUTES – GENERAL

Case No. 5:21-cv-01954-PA (SK) Date: November 24, 2021 Title Michael Anthony Aleman v. David Holbrook, Warden

Present: The Honorable: Steve Kim, United States Magistrate Judge

Connie Chung n/a Deputy Clerk Court Reporter / Recorder

Attorneys Present for Petitioner: Attorneys Present for Respondent: None present None present

Proceedings: (IN CHAMBERS) ORDER TO SHOW CAUSE

In November 2021, Petitioner filed a petition under 28 U.S.C. § 2254 challenging his 2014 state conviction and sentence for carjacking and assault with a deadly weapon. (ECF 1 at 1-2). On its face, however, the petition is subject to summary dismissal for at least two reasons. First, the petition is impermissibly second or successive. In July 2018, Petitioner filed a previous § 2254 petition challenging the same 2014 state conviction. (See Michael Anthony Aleman v. Warren L. Montgomery, Case No. 5:18-cv-01591-SVW).1 That petition was denied on the merits in October 2019. (Id., ECF 27-28). So, to file a second or successive federal habeas petition, Petitioner…

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