(HC) Richson v. Clark

Filing 26

ORDER ADOPTING 24 FINDINGS and RECOMMENDATIONS and DISMISSING Petition Without Prejudice, signed by District Judge Dale A. Drozd on 9/4/2021. Certificate of appealability is declined. CASE CLOSED. (Rivera, O)

Case 1:20-cv-01502-DAD-JLT Document 26 Filed 09/07/21 Page 1 of 3
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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SEAN JEFFREY RICHSON,

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Petitioner,

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v.

No. 1:20-cv-01502-DAD-JLT (HC)

ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS AND DISMISSING
PETITION WITHOUT PREJUDICE

K. CLARK,
Respondent.

(Doc. Nos. 19, 23, 24)

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Petitioner Sean Jeffrey Richson is a state prisoner proceeding in propria persona with a

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

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

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On May 14, 2021, respondent filed a motion to dismiss the pending petition. (Doc. No.

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19.) On June 10, 2021, the assigned magistrate judge issued findings and recommendations,

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recommending that respondent’s motion to dismiss of the petition be granted. (Doc. No. 22.)

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The findings and recommendations were served upon all parties and contained notice that any

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objections were to be filed within ten days from the date of service. (Id. at 5.) The next day, on

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June 11, 2021, petitioner filed a motion to withdraw his pending petition. (Doc. No. 23.) On

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June 16, 2021, the magistrate judge issued an order withdrawing the June 10, 2021 findings and

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recommendations, and issued new findings and recommendations, construing petitioner’s motion
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Case 1:20-cv-01502-DAD-JLT Document 26 Filed 09/07/21 Page 2 of 3
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as a request for voluntary dismissal of this federal habeas action. (Doc. Nos. 24 at 1; 25.) In the

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pending findings and recommendations, the magistrate judge recommended dismissal of the

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petition for writ of habeas corpus. (Doc. No. 24 at 2.) These findings and recommendations were

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served upon all parties and contained notice that any objections were to be filed within ten days

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from the date of service of that order. (Id.) To date, no party has filed objections.

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

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

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

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analysis.

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In addition, having concluded that the pending petition must be dismissed, the court now

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turns to whether a certificate of appealability should issue. A state prisoner seeking a writ of

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habeas corpus has no absolute entitlement to appeal a district court’s denial of his petition, and an

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appeal is only allowed in certain circumstances. Miller-El v. Cockrell, 537 U.S. 322, 335–36

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(2003); 28 U.S.C. § 2253. Where, as here, the court denies habeas relief on procedural grounds

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without reaching the underlying constitutional claims, the court should issue a certificate of

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appealability “if jurists of reason would find it debatable whether the petition states a valid claim

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of the denial of a constitutional right and that jurists of reason would find it debatable whether the

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district court was correct in its procedural ruling.” Slack v. McDaniel, 529 U.S. 473, 484 (2000).

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In the present case, the court finds that reasonable jurists would not find the court’s determination

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that the petition should be dismissed debatable or wrong, or that petitioner should be allowed to

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proceed further. Therefore, the court declines to issue a certificate of appealability.

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Accordingly,

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1.

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The findings and recommendations issued on June 16, 2021 (Doc. No. 24) are
adopted in full;

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2.

Petitioner’s motion to withdraw petition (Doc. No. 23) is granted;

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3.

Respondent’s motion to dismiss (Doc. No. 19) is denied as having been rendered

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moot;
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The petition for writ of habeas corpus (Doc. No. 1) is dismissed;
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5.

The court declines to issue a certificate of appealability; and

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6.

The Clerk of the Court is directed to close this case.

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IT IS SO ORDERED.
Dated:

September 4, 2021
UNITED STATES DISTRICT JUDGE

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