Nash v. Unknown

Filing 28

ORDER DENYING 27 Motion for Transfer Hearing, signed by Magistrate Judge Jennifer L. Thurston on 4/19/18. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ANGELIQUE NASH,

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Petitioner,

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ORDER DENYING MOTION FOR
TRANSFER HEARING

v.

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No. 1:17-cv-00238-AWI-JLT (HC)

D. G. ADAMS,

[Doc. 27]

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Respondent.

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Petitioner is currently serving a 25-years-to-life sentence in state prison for her conviction

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of first degree murder. On February 17, 2017, she filed a habeas action challenging her

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conviction. She filed a First Amended Petition on May 5, 2017. Respondent filed a response to

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the petition on January 11, 2018. On March 14, 2018, the Court issued Findings and

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Recommendations to deny the petition on the merits. Petitioner filed objections on April 11,

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2018.
On April 16, 2018, Petitioner filed the instant motion to request a transfer hearing

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pursuant to California’s Proposition 57. Petitioner argues that Proposition 57 prohibits

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prosecutors from charging juveniles with crimes directly in adult court. Instead, Petitioner

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alleges, the action must be commenced in juvenile court and a transfer hearing must be conducted

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to determine whether the matter should remain in the juvenile court or be transferred to adult

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court.
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Petitioner’s motion for hearing will be denied. Petitioner is invoking state procedure;

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however, this is a habeas corpus action in federal court and state procedure is inapplicable. To

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the extent Petitioner alleges a violation of state procedural rules, the claim is not cognizable.

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Federal habeas relief is unavailable to correct errors of state law. Estelle v. McGuire, 502 U.S.

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62, 67-68 (1991). Petitioner’s avenue for relief lies in state court.

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Accordingly, Petitioner’s request for a transfer hearing is DENIED.

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IT IS SO ORDERED.
Dated:

April 19, 2018

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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