(HC) Barnes v. Roberts ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ANTOINE DESHAWN BARNES, No. 1:20-cv-00454-DAD-SKO (HC) 12 Petitioner, 13 v. ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DISMISSING 14 HANFORD SUPERIOR COURT JUDGE PETITION WITHOUT PREJUDICE ROBERTS, 15 (Doc. No. 5) Respondent. 16 17 Petitioner Antoine Deshawn Barnes is a state prisoner proceeding pro se and in forma 18 pauperis with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2554. The matter was 19 referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1) and Local Rule 20 302. 21 On April 2, 2020, the assigned magistrate judge issued findings and recommendations 22 recommending that the petition be dismissed without prejudice due to petitioner’s failure to 23 exhaust his claims by first presenting them to the highest state court prior to seeking federal 24 habeas relief. (Doc. No. 5.) The pending findings and recommendations were served on 25 petitioner with notice that any objections thereto were to be filed within twenty-one (21) days of 26 the service of the findings and recommendations. (Id. at 4.) On April 16, 2020, petitioner filed 27 objections to the pending findings and recommendations. (Doc. No. 9.) 28 ///// 1 In his objections, petitioner merely reiterates the allegations in his petition that respondent 2 is retaliating against him. (Id.) Petitioner does not meaningfully object to the pending findings 3 and recommendations, including the magistrate judge’s finding that petitioner “has not sought any 4 relief for his claims in the state courts.” (Doc. No. 5 at 3.) 5 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the court has conducted a 6 de novo review of the case. Having carefully reviewed the entire file, including petitioner’s 7 objections, the court concludes that the findings and recommendations are supported by the 8 record and proper analysis. 9 In addition, having concluded that the pending petition must be dismissed, the court now 10 turns to whether a certificate of appealability should issue. A state prisoner seeking a writ of 11 habeas corpus has no absolute entitlement to appeal a district court’s denial of his petition, and an 12 appeal is only allowed in certain circumstances. Miller-El v. Cockrell, 537 U.S. 322, 335–36 13 (2003); 28 U.S.C. § 2253. Where, as here, the court denies habeas relief on procedural grounds 14 without reaching the underlying constitutional claims, the court should issue a certificate of 15 appealability “if jurists of reason would find it debatable whether the petition states a valid claim 16 of the denial of a constitutional right and that jurists of reason would find it debatable whether the 17 district court was correct in its procedural ruling.” Slack v. McDaniel, 529 U.S. 473, 484 (2000). 18 “Where a plain procedural bar is present and the district court is correct to invoke it to dispose of 19 the case, a reasonable jurist could not conclude either that the district court erred in dismissing the 20 petition or that the petitioner should be allowed to proceed further.” Id. In the present case, the 21 court finds that reasonable jurists would not find the court’s determination that the petition should 22 be dismissed debatable or wrong, or that petitioner should be allowed to proceed further. 23 Therefore, the court declines to issue a certificate of appealability. 24 Accordingly: 25 1. The findings and recommendations issued on April 2, 2020 (Doc. No. 5) are 26 adopted in full; 27 ///// 28 ///// MADE BOVE IIT APNE SINAN □□□ I eee AY VM VI 1 2. The petition for writ of habeas corpus is dismissed without prejudice due to 2 petitioner’s failure to exhaust his claims in state court prior to seeking federal 3 habeas relief; 4 3. The court declines to issue a certificate of appealability; and 5 4. The Clerk of Court is directed to close this case. 6 | IT IS SO ORDERED. a 7 Li. wh F Dated: _ May 26, 2020 wea Te Se a 8 UNITED STATES DISTRICT JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28