Gobel v. Hauser & Hauser, Inc. et al.

Filing 19

ORDER Disregarding Notice of Voluntary Dismissal signed by Magistrate Judge Stanley A. Boone on 10/23/2017. Fourteen-Day Deadline. (Flores, E)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DALLAS RANDOLPH WHITE,

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Petitioner,

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No. 1:16-cv-01436-DAD-JLT

v.
SCOTT FRAUENHEIM,

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Respondent.

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ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS, DENYING
PETITION FOR WRIT OF HABEAS
CORPUS, AND DECLINING TO ISSUE
CERTIFICATE OF APPEALABILITY
(Doc. No. 23)

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Petitioner is a state prisoner proceeding in propria persona with a petition for writ of

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habeas corpus pursuant to 28 U.S.C. § 2254. On July 19, 2017, the assigned magistrate judge

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issued findings and recommendations recommending the petition be denied on its merits. (Doc.

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No. 23). These findings and recommendations were served upon all parties and contained notice

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that any objections were to be filed within twenty-one days from the date of service of that order.

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No objections have been filed, and the time in which to do so has passed.
In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(C), the undersigned has

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conducted a de novo review of the case. Having carefully reviewed the entire file, the

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undersigned concludes that the magistrate judge’s findings and recommendations are supported

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by the record and proper analysis.

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A state prisoner seeking a writ of habeas corpus has no absolute entitlement to appeal a

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district court’s denial of his petition, and an appeal is only allowed in certain circumstances.

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Miller-El v. Cockrell, 537 U.S. 322, 335–36 (2003). Specifically, the federal rules governing

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habeas cases brought by state prisoners require a district court issuing an order denying a habeas

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petition to either grant or deny therein a certificate of appealability. See Rules Governing § 2254

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Case, Rule 11(a). A judge shall grant a certificate of appealability “only if the applicant has made

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

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certificate must indicate which issues satisfy this standard. 28 U.S.C. § 2253(c)(3). “Where a

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district court has rejected the constitutional claims on the merits, the showing required to satisfy

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§ 2253(c) is straightforward: [t]he petitioner must demonstrate that reasonable jurists would find

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the district court’s assessment of the constitutional claims debatable or wrong.” Slack v.

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McDaniel, 529 U.S. 473, 484 (2000). Additionally, for claims denied on procedural grounds, a

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certificate of appealability should issue “when the prisoner shows, at least, that jurists of reason

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would find it debatable whether the petition states a valid claim of the denial of a constitutional

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right and that jurists of reason would find it debatable whether the district court was correct in its

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procedural ruling.” Id. Here, petitioner has not made such a showing. Accordingly, a certificate

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of appealability will not be issued.

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Given the above:

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1. The findings and recommendations issued July 19, 2017 (Doc. No. 23) are adopted in full;

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2. The petition for writ of habeas corpus is denied;

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3. The Clerk of the Court is directed to enter judgment and close the file; and

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

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IT IS SO ORDERED.
Dated:

October 23, 2017
UNITED STATES DISTRICT JUDGE

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