Horace Bell v. K Allison
Filing
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ORDER DISMISSING PETITION 1 WITHOUT PREJUDICE by Judge Cormac J. Carney. IT IS THEREFORE ORDERED that this action be dismissed without prejudice. **See Order for details.** Case Terminated. Made JS-6. (ch)
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UNITED STATES DISTRICT COURT
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CENTRAL DISTRICT OF CALIFORNIA
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WESTERN DIVISION
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HORACE BELL,
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Petitioner,
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v.
K. ALLISON, et al.,
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Respondents.
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No. CV 11-7558-CJC (PLA)
ORDER DISMISSING PETITION WITHOUT
PREJUDICE
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Petitioner initiated this action on September 12, 2011, by filing a Petition for Writ of Habeas
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Corpus pursuant to 28 U.S.C. § 2254 (the “Petition”) in the United States District Court for the
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Eastern District of California. On September 13, 2011, the action was transferred to the Central
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District of California pursuant to 28 U.S.C. § 1391(b), and was filed. The Petition challenges
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petitioner’s 1994 conviction for kidnapping and robbery in the Los Angeles County Superior Court.
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In 1995, petitioner filed his first habeas petition in this Court, Case No. CV 95-2090-RSWL (RC),
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in which petitioner challenged the same conviction. The 1995 Petition was dismissed on the
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merits. (See Judgment in Case No. CV 95-2090-RSWL (RC)). Subsequently, petitioner has filed
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numerous additional habeas petitions in this Court, with the instant Petition being the ninth.1
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The case numbers for petitioner’s previous habeas petitions are: CV 95-2090-RSWL (RC);
(continued...)
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On May 20, 2010, in Case Nos. CV 10-3599-CJC (RC) and CV 10-3705-CJC (RC), the
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Court ordered petitioner to show cause why he should not be declared a vexatious litigant in light
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of his filing of numerous habeas petitions in this Court. (See Docket Entry No. 7, Case No. CV
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10-3599-CJC (RC), at 4-6; Docket Entry No. 3, Case No. CV 10-3705-CJC (RC), at 4-6). As of
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June 7, 2010, petitioner had failed to file any objections to the May 20, 2010, Orders, and the
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Magistrate Judge “determined [petitioner] to be a vexatious litigant, within the meaning of Local
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Rule 83-8.1.” (See Docket Entry No. 10, Case No. CV 10-3599-CJC (RC); Docket Entry No. 6,
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Case No. CV 10-3705-CJC (RC)). The Orders state that no further habeas corpus petitions from
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petitioner are to be filed with the Court “without the payment of the filing fee and without prior
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written authorization from a District Judge or Magistrate Judge issued upon such showing of
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evidence as required.” (Id.) Local Rule 83-8.2 provides that orders to control the conduct of a
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vexatious litigant “may include, without limitation, a directive to the Clerk not to accept further
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filings from the litigant without payment of normal filing fees and/or without written authorization
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from a judge of the Court or a Magistrate Judge, issued upon such showing of the evidence
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supporting the claim as the judge may require.” Local Rule 83-8.2.
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In seeking to file the instant Petition, petitioner has not paid the requisite filing fee, and has
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not obtained written authorization from a District Judge or Magistrate Judge of the Court to file the
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Petition.
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authorization, as petitioner merely completed the form Petition for Writ of Habeas Corpus by a
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Person in State Custody and attached the following documents: four Petitions for Writ of Habeas
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Corpus that petitioner filed with the California Supreme Court in 2010 (Petition, Exs. 1-4), as well
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as the California Supreme Court’s four decisions denying the petitions (Petition, Ex. 1 at 1; Ex. 2
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at 1; Ex. 3 at 1; Ex. 4 at 1); and three California Court of Appeal decisions -- the first and second
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denying Petitions for Writ of Habeas Corpus filed by petitioner, and the third denying petitioner’s
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motion for reconsideration of an earlier decision by the California Court of Appeal. (Petition, Ex.
Moreover, petitioner does not appear through the instant Petition to seek such
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(...continued)
CV 97-0009-HLH (RC); CV 02-8355-PA (RC); CV 03-5306-CJC (RC); CV 04-3682-RT (RC); CV
10-2994-CJC (RC); CV 10-3599-CJC (RC); and CV 10-3705-CJC (RC)).
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1 at 9; Ex. 4 at 8, 11). As petitioner has not satisfied the requirements set forth in the June 7,
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2010, Order, the instant Petition should not have been filed, and is subject to dismissal.
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IT IS THEREFORE ORDERED that this action be dismissed without prejudice.
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DATED: September 21, 2011
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HONORABLE CORMAC J. CARNEY
UNITED STATES DISTRICT JUDGE
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