- 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ANGEL HERNAN HERNANDEZ, Case No. 1:21-cv-01124-JLT-SKO (HC) 12 Petitioner, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 13 (Doc. 20) 14 v. ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS, DIRECTING 15 CLERK OF COURT TO ENTER JUDGMENT AND CLOSE CASE, AND 16 RON GODWIN, Warden, DECLINING TO ISSUE CERTIFICATE OF APPEALABILITY 17 Respondent. 18 19 The assigned magistrate judge issued findings and recommendations to deny this petition 20 on its merits. (Doc. 20.) Petitioner filed objections. (Doc. 23.) 21 According to 28 U.S.C. § 636(b)(1)(C), the Court has conducted a de novo review of the 22 case. Having carefully reviewed the entire file, including Petitioner's objections, the Court 23 concludes that the findings and recommendations are supported by the record and proper analysis. 24 Petitioner's objections present no grounds for questioning the Magistrate Judge’s analysis. 25 In addition, the Court declines to issue a certificate of appealability. A state prisoner 26 seeking a writ of habeas corpus has no absolute entitlement to appeal a district court’s denial of 27 his petition, and an appeal is only allowed in certain circumstances. Miller-El v. Cockrell, 537 28 U.S. 322, 335-36 (2003). The controlling statute in determining whether to issue a certificate of 1 appealability is 28 U.S.C. § 2253, which provides as follows: 2 (a) In a habeas corpus proceeding or a proceeding under section 2255 before a district judge, the final order shall be subject to review, on appeal, by the court of 3 appeals for the circuit in which the proceeding is held. 4 (b) There shall be no right of appeal from a final order in a proceeding to test the validity of a warrant to remove to another district or place for commitment or 5 trial a person charged with a criminal offense against the United States, or to test the validity of such person's detention pending removal proceedings. 6 (c) (1) Unless a circuit justice or judge issues a certificate of appealability, an 7 appeal may not be taken to the court of appeals from— 8 (A) the final order in a habeas corpus proceeding in which the detention complained of arises out of process issued by a State 9 court; or 10 (B) the final order in a proceeding under section 2255. 11 (2) A certificate of appealability may issue under paragraph (1) only if the applicant has made a substantial showing of the denial of a constitutional 12 right. 13 (3) The certificate of appealability under paragraph (1) shall indicate which specific issue or issues satisfy the showing required by paragraph (2). 14 15 If a court denies a petitioner’s petition, the court may only issue a certificate of 16 appealability when a petitioner makes a substantial showing of the denial of a constitutional right. 17 28 U.S.C. § 2253(c)(2). To make a substantial showing, the petitioner must establish that 18 “reasonable jurists could debate whether (or, for that matter, agree that) the petition should have 19 been resolved in a different manner or that the issues presented were ‘adequate to deserve 20 encouragement to proceed further.’” Slack v. McDaniel, 529 U.S. 473, 484 (2000) (quoting 21 Barefoot v. Estelle, 463 U.S. 880, 893 (1983)). 22 In the present case, the Court finds that Petitioner has not made the required substantial 23 showing of the denial of a constitutional right to justify the issuance of a certificate of 24 appealability. Reasonable jurists would not find the Court’s determination that Petitioner is not 25 entitled to federal habeas corpus relief debatable, wrong, or deserving of encouragement to 26 proceed further. Thus, the Court declines to issue a certificate of appealability. Accordingly, 27 1. The findings and recommendations issued on April 14, 2022, (Doc. 20), are 28 ADOPTED IN FULL. 1 2. The petition for writ of habeas corpus is DENIED WITH PREJUDICE. 2 3. The Court declines to issue a certificate of appealability. 3 4. The Clerk of Court is directed to enter judgment and close the case. 4 5 IT IS SO ORDERED. 6 Dated: _ July 8, 2022 Cerin | Tower TED STATES DISTRICT JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Document Info
Docket Number: 1:21-cv-01124
Filed Date: 7/8/2022
Precedential Status: Precedential
Modified Date: 6/20/2024