Bush

Bush v. Neuschmid

Good Law
United States District Court, Southern District of CaliforniaDecember 5, 20193:19-cv-01508California520 words

Opinion

Trial Court Opinion

` 2 3 4 5 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 8 ANTHONY ARTHUR BUSH, Case No.: 19cv1508-CAB-NLS

Petitioner,

ORDER DENYING MOTION TO

v. VACATE SUMMARY DISMISSAL [Doc. No. 8] ROBERT NEUSCHMID, Respondent. 14 On August 9, 2019, Petitioner Anthony Arthur Bush, a state prisoner proceeding pro se, filed a Petition for Writ of Habeas Corpus pursuant to 28 US.C. §2254 (“Petition”). [Doc. No. 1.] On September 16, 2019, this Court issued a summary dismissal of the Petition pursuant to 28 U.S.C. §2244(b)(3)(A) on the grounds that Petitioner had already filed a previous petition regarding the same (September 1995) state court conviction and had not received permission from the Ninth Circuit Court of Appeals to file a successive petition. [Doc. No. 2.] On October 30, 2019, Petitioner filed a notice of appeal with the Ninth Circuit Court of Appeals. [Doc. No. 3.] On November 19, 2019, Petitioner filed a motion to vacate summary dismissal pursuant to Rule…

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