Opinion

(HC) Stallworth v. Pfeiffer

Court
District Court, E.D. California
Filed
Jul 30, 2021
Cited by
0 cases
Authority
More cited than 17.7%

The opinion

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8 UNITED STATES DISTRICT COURT

9 FOR THE EASTERN DISTRICT OF CALIFORNIA

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11 JEROME STALLWORTH, No. 1:21-cv-00789-NONE-SKO (HC)

12 Petitioner, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS, DISMISSING

13 PETITION FOR WRIT OF HABEAS

CORPUS, DIRECTING CLERK OF COURT

14 v. TO ASSIGN DISTRICT JUDGE AND CLOSE

CASE, AND DECLINING TO ISSUE

15 CERTIFICATE OF APPEALABILITY

16 (Doc. No. 3)

CHRISTIAN PFEIFFER,

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Respondent.

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20 Petitioner Jerome Stallworth is a state prisoner proceeding pro se and in forma pauperis

21 with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. This matter was referred

22 to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

23 On May 20, 2021, the assigned magistrate judge issued findings and recommendations

24 recommending that the petition be dismissed for lack of jurisdiction and for failure to state a

25 cognizable claim for federal habeas relief. (Doc. No. 3.) First, petitioner captioned his petition to

26 the California Court of Appeal for the Fifth Appellate District, indicating that petitioner filed his

27 petition in the wrong court. (Id. at 2; see Doc. No. 1 at 1.) Second, petitioner has not presented

28 his claims for federal relief to the California Supreme Court and thus has not exhausted those

1 claims. (Doc. No. 3 at 2; see Doc. No. 1 at 7.) Third, petitioner challenges the decision of the

2 California Board of Parole Hearings finding him unsuitable for parole, but because petitioner

3 does not allege that he was denied procedural due process guarantees, he has failed to present a

4 cognizable federal habeas claim. (See Doc. No. 3 at 3.) Those findings and recommendations

5 were served upon all parties and contained notice that any objections thereto were to be filed

6 within twenty-one (21) days after service. No objections have been filed, and the deadline to do

7 so has expired.

8 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the court has conducted a

9 de novo review of the case. Having carefully reviewed the entire file, the court concludes that the

10 magistrate judge’s findings and recommendations are supported by the record and proper

11 analysis.

12 In addition, the court declines to issue a certificate of appealability. A state prisoner

13 seeking a writ of habeas corpus has no absolute entitlement to appeal a district court’s denial of

14 his petition, and an appeal is only allowed in certain circumstances. Miller-El v. Cockrell, 537

15 U.S. 322, 335–36 (2003); 28 U.S.C. § 2253. If a court denies a petitioner’s petition, the court

16 may only issue a certificate of appealability when a petitioner makes a substantial showing of the

17 denial of a constitutional right. 28 U.S.C. § 2253(c)(2). To make a substantial showing, the

18 petitioner must establish that “reasonable jurists could debate whether (or, for that matter, agree

19 that) the petition should have been resolved in a different manner or that the issues presented

20 were ‘adequate to deserve encouragement to proceed further.’” Slack v. McDaniel, 529 U.S. 473,

21 484 (2000) (quoting 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.

27 /////

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1 Accordingly,

2 1. The findings and recommendations issued on May 20, 2021, (Doc. No. 3), are

3 adopted in full;

4 2. The pending petition for writ of habeas corpus is dismissed;

5 3. The Clerk of the Court is directed to assign a district judge to this case for the

6 purpose of closing the case and then to enter judgment and close the case; and

7 4. The court declines to issue a certificate of appealability.

8 | IT IS SOORDERED. a “

9 Li. wh F

Dated: _ July 30, 2021 wee TE OO

10 UNITED STATES DISTRICT JUDGE

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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