Johnson v. California Department of Corrections and Rehabilitation, et al.
| DERRICK JOHNSON |
| Secretary CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION and LOS ANGELES COUNTY SUPERIOR COURT |
| 26-544 |
| January 27, 2026 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
RSS Track this Docket
This docket was last retrieved on March 17, 2026. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 7 MAIL RETURNED. DE 6 addressed to Petitioner Mr. Derrick Johnson. Action taken: resending to San Diego Central Jail, Mail Processing Center, 451 Riverview Parkway, Building C, Santee, CA 92071. [Entered: 03/17/2026 01:38 PM] [Edited: 03/17/2026 01:40 PM] |
Filing 6
ORDER FILED. Consuelo M. CALLAHAN, Michelle T. FRIEDLAND, Daniel A. BRESS Derrick Johnson has filed a 28 U.S.C. 2254 habeas petition that challenges Johnsons 2015 Los Angeles County Superior Court conviction in Case No. BA438628. We do not transfer the petition to the district court because Johnson challenged this conviction in a 2254 petition in Case No. 2:19-cv-05713-GWJEM in the United States District Court for the Central District of California, and the district court dismissed the petition as untimely and entered judgment on January 13, 2021. See McNabb v. Yates, 576 F.3d 1028, 1030 (9th Cir. 2009) (holding that dismissal of a section 2254 habeas petition for failure to comply with the statute of limitations renders subsequent petitions second or successive for purposes of the AEDPA). Treating Johnsons petition as an application for authorization to file a second or successive 2254 petition, we deny authorization because the petition does not make a prima facie showing under 28 U.S.C. 2244(b)(2). See Gautt v. Lewis, 489 F.3d 993, 1003 n.10 (9th Cir. 2007) (Fifth Amendment right to presentment or indictment by a grand jury has not been incorporated into the Fourteenth Amendment so as to apply against the states.) (citing Hurtado v. California, 110 U.S. 516, 534-35 (1884)). Any pending motions are denied as moot. No further filings will be entertained in this case. DENIED. [Entered: 02/25/2026 03:52 PM]
|
| Filing 3 SCHEDULE NOTICE for Original Petition for a Writ of Habeas Corpus. [Entered: 01/27/2026 08:57 AM] |
| Filing 2 CASE OPENED. Your case opening documents have been received in the Clerk's office of the United States Court of Appeals for the Ninth Circuit on 1/26/2026. The U.S. Court of Appeals docket number 26-544 has been assigned to this case. All communications with the court must indicate this Court of Appeals docket number. Please carefully review the docket to ensure the name(s) and contact information are correct. It is your responsibility to alert the court if your contact information changes. Resources Available For more information about case processing and to assist you in preparing your brief, please review the #Appellate Practice Guide. Attorneys should consider the court's #Appellate Mentoring Program for assistance. [Entered: 01/27/2026 08:54 AM] |
| Filing 1 PETITION for a Writ of Habeas Corpus filed by Petitioner Derrick Johnson. [Entered: 01/27/2026 08:53 AM] |
| Filing 5 CORRESPONDENCE filed by Petitioner Derrick Johnson. [Entered: 01/30/2026 10:58 AM] |
| Filing 4 MOTION to Proceed In Forma Pauperis filed by Petitioner Derrick Johnson. [Entered: 01/30/2026 10:56 AM] |
Access additional case information on PACER
Access the Case Summary and Docket Report to access additional information about this case on the U.S. Court's PACER system. A subscription to PACER is required.
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
