Opinion

Kenyon Darrell Brown v. People of State of California

Court
District Court, C.D. California
Filed
Feb 12, 2020
Cited by
0 cases
Authority
More cited than 17.9%

*Once a district court determines that a habeas petition 8 || contains only unexhausted claims, it need not inquire further as to petitioner’s intentions. Instead, it may simply dismiss the 10 |} habeas petition for failure to exhaust.”

How later courts described this case

  • *Once a district court determines that a habeas petition 8 || contains only unexhausted claims, it need not inquire further as to petitioner’s intentions. Instead, it may simply dismiss the 10 |} habeas petition for failure to exhaust.”

Written by the judges who cited it.

The opinion

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8 UNITED STATES DISTRICT COURT

9 CENTRAL DISTRICT OF CALIFORNIA

10 KENYON DARRELL BROWN, ) CASE NO. ED CV 19-2507-RGK (PJW)

)

11 Petitioner, ) [PROPOSED] ORDER DISMISSING

) PETITION WITHOUT PREJUDICE AND

12 v. ) DENYING CERTIFICATE OF

) APPEALABILITY

13 PEOPLE OF STATE OF CALIFORNIA, )

)

14 Respondent. )

)

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16 On December 26, 2019, Petitioner filed a Petition for Writ of

17 Habeas Corpus in the Ninth Circuit Court of Appeals, which was

18 subsequently transferred to this court. In it, he challenges a 10-

19 year sentence imposed by the San Bernardino County Superior Court in

20 November 2019. (Petition at 1.) Petitioner notes in the Petition

21 that his appeal of that sentence is currently pending in the

22 California Court of Appeal. (Petition at 5, 6.) For the following

23 reasons, the Petition is dismissed without prejudice.

24 As a matter of comity between state and federal courts, a federal

25 court will generally not address the merits of a habeas corpus

26 petition unless the petitioner has exhausted his state remedies. Rose

27 v. Lundy, 455 U.S. 509, 518-22 (1982); see also 28 U.S.C.

28 § 2254(b)(1). To exhaust state remedies, a petitioner must present

contentions to the state courts, and the highest court of the

state must dispose of them on the merits. O’Sullivan v. Boerckel, 526

838, 842, 844-45 (1999).

4 Because Petitioner’s appeal is still pending, his claims are

5 |} unexhausted. For that reason, the Petition is dismissed without

6 || prejudice. See Rasberry v. Garcia, 448 F.3d 1150, 1154 (9th Cir.

7 2006) (*Once a district court determines that a habeas petition

8 || contains only unexhausted claims, it need not inquire further as to

petitioner’s intentions. Instead, it may simply dismiss the

10 |} habeas petition for failure to exhaust.”). Further, the Court finds

11] that Petitioner has not made a substantial showing of the denial of a

12 || constitutional right or that the Court erred in its procedural ruling

13 |} and, therefore, a certificate of appealability will not issue in this

case. See 28 U.S.C. § 2253(c)(2); Fed. R. App. P. 22(b)i Miller-El v.

15 |! Cockrell, 537 U.S. 322, 336 (2003); Slack v. McDaniel, 529 U.S. 473,

16 484 (2000).

17 IT IS SO ORDERED

18 DATED: February 12, 2020

19 dj J KQecrgas

20 R. GARY KLAUSNER

UNITED STATES DISTRICT JUDGE

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24 || Presented by:

ood 9. Lr%6

| SY

PATRICK J. WALSH

27 || UNITED STATES MAGISTRATE 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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