Michael Aleman v. David Holbrook
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…