Jaques Fearence v. R. Grounds

Filing 5

ORDER TO SHOW CAUSE RE: PETITION by Magistrate Judge Michael R. Wilner. It is ORDERED that Petitioner shall file a memorandum by or before July 15,2014, not to exceed 5 pages showing good cause why the case should not be dismissed. (See Minute Order for further details) (vm)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.

CV 14-4368 PA (MRW)

Title

Jaques Fearence v. R. Grounds, Warden

Present: The
Honorable

Date

June 24, 2014

Michael R. Wilner
Veronica McKamie

n/a

Deputy Clerk

Court Reporter / Recorder

Attorneys Present for Petitioner:

Attorneys Present for Respondent:

n/a

n/a

Proceedings:

(IN CHAMBERS) ORDER TO SHOW CAUSE RE: PETITION

Petitioner is a state prisoner serving a 51-years-to-life sentence for murder, drug, and
weapons charges. Petitioner was convicted in 2004. This action is his second federal habeas
action.1
Petitioner asserts here that his trial and appellate attorneys were ineffective for several
reasons. Petitioner points to no recent change of law to support his claims or to explain the
delay in bringing these claims. Further, while Petitioner states that his claims are based on
newly discovered evidence, he cites only to information that was readily available to and/or
discoverable by Petitioner when he filed his first petition.2 Therefore, despite his statement to
the contrary, Petitioner cites to no new evidence in support of his claims. (Docket # 1, Part 2 at
4; 5-25.)
Petitioner also failed to obtain permission from the federal appellate court to bring the
present habeas action. Federal law prohibits a state prisoner from filing successive habeas
actions without advance permission from the United States Court of Appeals. See 28 U.S.C.
§ 2244(b); Burton v. Stewart, 549 U.S. 147 (2007) (dismissing successive petition for failure to

1

Jaques Fearence v. B.M. Cash, Warden, CV 10-7152 PA (MRW) (C.D. Cal.).

2

Specifically, Petitioner cites to minute orders from his case before the California
Superior Court, the index from his trial transcript, affidavits from family members (with no
explanation as to why he could not obtain them sooner), and an order this Court issued during
his first habeas case. (Docket # 1, Part 2 at 5-25.)
CV-90 (10/08)

CIVIL MINUTES - GENERAL

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.

CV 14-4368 PA (MRW)

Date

Title

June 24, 2014

Jaques Fearence v. R. Grounds, Warden

obtain authorization from court of appeals). However, Petitioner’s current habeas petition is not
accompanied by a statement of permission from the Court of Appeals.

Based on the face of the current petition, the Court could dismiss the action at this stage
of the action with no further proceedings. However, in the interest of justice and to
accommodate this pro se litigant, the Court will give Petitioner an opportunity to explain why his
action should not be dismissed as an improper successive action under AEDPA.
It is therefore ORDERED that Petitioner shall file a memorandum by or before July 15,
2014, not to exceed 5 pages showing good cause why the case should not be dismissed.
Failure to file a timely response to this Order as directed above will result in a
recommendation that this action be dismissed for failure to prosecute and obey Court
orders pursuant to Federal Rule of Civil Procedure 41(b).

CV-90 (10/08)

CIVIL MINUTES - GENERAL

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