(HC) Jones v. Newsom

Filing 13

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)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KEVIN JONES,

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No. 1:20-cv-01583-NONE-EPG-HC
Petitioner,

v.
GAVIN NEWSOM,
Respondent.

ORDER ADOPTING FINDINGS AND
RECOMMENDATION, DISMISSING
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)

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Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus

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pursuant to 28 U.S.C. § 2254. On December 9, 2020, the magistrate judge issued findings and

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recommendations recommending that the petition be dismissed without prejudice to the refiling

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of the claims in a civil rights action brought under 42 U.S.C. § 1983. (Doc. No. 12.) Although

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served by the court upon petitioner at his address of record, on December 28, 2020, the findings

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and recommendations were returned to the court as undeliverable because petitioner refused

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delivery. To date, petitioner has filed no objections, and the time for doing so has passed.

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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 holds the findings

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and recommendation to be supported by the record and proper analysis. Petitioner fails to state a

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cognizable claim for federal habeas corpus relief because he challenges conditions of his
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confinement rather than any aspect of his underlying criminal conviction or sentence or the fact or

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duration of his confinement. (See Doc. No. 12 at 2–3.) As explained by the assigned magistrate

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judge, challenges to conditions of confinement, including allegations of forced or involuntary

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medication, must be brought under § 1983. (Id. at 2.)

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Having found that petitioner is not entitled to habeas relief, the court now turns to whether

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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. The findings and recommendations issued on December 9, 2020 (Doc. No. 12) are

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adopted;

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

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3. The Clerk of Court is directed to assign a district judge to this case for the purpose of

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closing the case and then to close the case; and
4. The court declines to issue a certificate of appealability.
IT IS SO ORDERED.
Dated:

February 18, 2021
UNITED STATES DISTRICT JUDGE

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