(HC) Jones v. Newsom
ORDER ADOPTING 12 Findings and Recommendations; ORDER DISMISSING Petition for Writ of Habeas Corpus; and ORDER DECLINING to Issue a Certificate of Appealability signed by District Judge Dale A. Drozd on 2/18/2021. CASE CLOSED. (Jessen, A)
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
ORDER ADOPTING FINDINGS AND
PETITION FOR WRIT OF HABEAS
CORPUS, DIRECTING CLERK OF COURT
TO ASSIGN DISTRICT JUDGE AND CLOSE
CASE, AND DECLINING TO ISSUE A
CERTIFICATE OF APPEALABILITY
(Doc. No. 12)
Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus
pursuant to 28 U.S.C. § 2254. On December 9, 2020, the magistrate judge issued findings and
recommendations recommending that the petition be dismissed without prejudice to the refiling
of the claims in a civil rights action brought under 42 U.S.C. § 1983. (Doc. No. 12.) Although
served by the court upon petitioner at his address of record, on December 28, 2020, the findings
and recommendations were returned to the court as undeliverable because petitioner refused
delivery. To date, petitioner has filed no objections, and the time for doing so has passed.
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the court has conducted a
de novo review of the case. Having carefully reviewed the entire file, the court holds the findings
and recommendation to be supported by the record and proper analysis. Petitioner fails to state a
cognizable claim for federal habeas corpus relief because he challenges conditions of his
confinement rather than any aspect of his underlying criminal conviction or sentence or the fact or
duration of his confinement. (See Doc. No. 12 at 2–3.) As explained by the assigned magistrate
judge, challenges to conditions of confinement, including allegations of forced or involuntary
medication, must be brought under § 1983. (Id. at 2.)
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
absolute entitlement to appeal a district court’s denial of his petition, and an appeal is only
allowed in certain circumstances. Miller-El v. Cockrell, 537 U.S. 322, 335-36 (2003); 28 U.S.C.
§ 2253. The court should issue a certificate of appealability if “reasonable jurists could debate
whether (or, for that matter, agree that) the petition should have been resolved in a different
manner or that the issues presented were ‘adequate to deserve encouragement to proceed
further.’” Slack v. McDaniel, 529 U.S. 473, 484 (2000) (quoting Barefoot v. Estelle, 463 U.S.
880, 893 & n.4 (1983)). In the present case, the court finds that reasonable jurists would not find
the court’s determination that the petition should be dismissed debatable or wrong, or that
petitioner should be allowed to proceed further. Therefore, the court declines to issue a certificate
1. The findings and recommendations issued on December 9, 2020 (Doc. No. 12) are
2. The petition for writ of habeas corpus is dismissed;
3. The Clerk of Court is directed to assign a district judge to this case for the purpose of
closing the case and then to close the case; and
4. The court declines to issue a certificate of appealability.
IT IS SO ORDERED.
February 18, 2021
UNITED STATES DISTRICT JUDGE
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