(HC) Segura v. Lizarraga
Filing
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ORDER ADOPTING 21 Findings and Recommendations, signed by District Judge Dale A. Drozd on 11/19/2021. Certificate of Appealability is Declined. CASE CLOSED. (Rivera, O)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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JACOB JUAREZ SEGURA,
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Petitioner,
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v.
No. 1:20-cv-00990-DAD-SKO (HC)
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS
JOE A. LIZARRAQA,
(Doc. No. 21)
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Respondent.
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Petitioner Jacob Juarez Segura is a state prisoner proceeding pro se and in forma pauperis
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with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. (Doc. No. 1.) The matter
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was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local
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Rule 302.
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On April 28, 2021, the assigned magistrate judge issued findings and recommendations,
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recommending that the pending petition for habeas relief be denied on the merits. (Doc. No. 21.)
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Those findings and recommendations were served on all parties and contained notice that any
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objections thereto were to be filed within thirty (30) days of service. (Id.) After having been
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granted several extensions of time in which to file objections, petitioner filed objections to the
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pending findings and recommendations on September 22, 2021. (Doc. No. 32.) Therein,
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petitioner repeats the arguments addressed at length by the assigned magistrate judge. Indeed,
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petitioner raised fourteen (14) claims in his petition and the findings and recommendations
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thoroughly addressed each and every one, leading to a seventy-three (73) page order that the
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undersigned has carefully reviewed for error. (Doc. No. 21.) For the same reasons discussed in
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those pending findings and recommendations, petitioner’s objections are not persuasive.
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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this court has conducted a
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de novo review of this case. Having carefully reviewed the entire file, including petitioner’s
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objections, the court concludes that the findings and recommendations are supported by the
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record and proper analysis.
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Having found that petitioner is not entitled to habeas relief, the court now turns to whether
a certificate of appealability should issue. A petitioner seeking a writ of habeas corpus has no
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absolute entitlement to appeal a district court’s denial of his petition, and an appeal is only
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allowed in certain circumstances. Miller-El v. Cockrell, 537 U.S. 322, 335-36 (2003); 28 U.S.C.
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§ 2253. The court should issue a certificate of appealability if “reasonable jurists could debate
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whether (or, for that matter, agree that) the petition should have been resolved in a different
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manner or that the issues presented were ‘adequate to deserve encouragement to proceed
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further.’” Slack v. McDaniel, 529 U.S. 473, 484 (2000) (quoting Barefoot v. Estelle, 463 U.S.
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880, 893 & n.4 (1983)). In the present case, the court finds that reasonable jurists would not find
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the court’s determination that the petition should be dismissed debatable or wrong, or that
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petitioner should be allowed to proceed further. Therefore, the court declines to issue a certificate
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of appealability.
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Accordingly,
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1.
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The findings and recommendations issued on April 28, 2021 (Doc. No. 21) are
adopted in full;
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The petition for writ of habeas corpus (Doc. No. 1) is denied;
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3.
The court declines to issue a certificate of appealability; and
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4.
The Clerk of the Court is directed to close this case.
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IT IS SO ORDERED.
Dated:
November 19, 2021
UNITED STATES DISTRICT JUDGE
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