Davon Westley Moore v. John Sutton
Opinion
Trial Court Opinion
O 4 5 6 7 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 10 DAVON WESTLEY MOORE, Case No. 2:21-cv-08957-DOC-KES Petitioner,
ORDER DISMISSING HABEAS
v.
PETITION AS SUCCESSIVE AND
JOHN SUTTON, Warden, DECLINING TO ISSUE CERTIFICATE
OF APPEALABILITY
Respondent. 16 17 On November 10, 2021, the Court received a petition for writ of habeas 18 corpus by a person in state custody pursuant to 28 U.S.C. § 2254 (“Petition” at Dkt. 19 1) from Davon Westley Moore (“Petitioner”). The Petition is the second habeas 20 corpus petition that Petitioner has filed in this Court challenging his 2014 state 21 court conviction for first degree murder and resulting sentence of life without the 22 possibility of parole. 23 Under Rule 4 of the Rules Governing Section 2254 Cases in the United 24 States District Courts, a habeas petition filed by a prisoner in state custody “must” 25 be summarily dismissed “[i]f it plainly appears from the petition and any attached 26 exhibits that the petitioner is not entitled to…