(HC) Jones v. Cates
Filing
22
ORDER adopting Findings and Recommendations, dismissing Petition for Writ of Habeas Corpus, directing the Clerk of Court to close case, and declining to issue Certificate of Appealability 21 signed by District Judge Jennifer L. Thurston on 1/25/2025. CASE CLOSED. (Deputy Clerk TEL)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
EASTERN DISTRICT OF CALIFORNIA
10
11
STEPFON JONES,
12
13
14
15
Petitioner,
v.
B. CATES, Warden,
Respondent.
Case No. 1:22-cv-0839 JLT HBK (HC)
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS, DISMISSING
PETITION FOR WRIT OF HABEAS
CORPUS, DIRECTING THE CLERK OF
COURT TO CLOSE THE CASE, AND
DECLINING TO ISSUE CERTIFICATE OF
APPEALABILITY
16
17
Stepfon Jones is a state prisoner proceeding pro se on his Second Amended Petition for
18
Writ of Habeas Corpus filed under 28 U. S.C. § 2254, asserting errors related to the use of the
19
model jury instruction CalCrim 200. (See generally Doc. 11.) Respondent asserted the petition
20
fails on its merits and requested the Court deny the petition. (Doc. 20.)
21
The magistrate judge observed that “the California Supreme Court denied the State
22
Petition citing to In re Robbins, 18 Cal.4th 770, 780 (1998), and In re Dixon, 41 Cal.2d 756, 759
23
(1953).” (Doc. 21 at 2, citing Doc. 19-3 at 395.) The magistrate judge noted:
24
25
26
27
28
“Under the so-called ‘Dixon bar,’ a defendant procedurally defaults a claim
raised for the first time on state collateral review if he could have raised it
earlier on direct appeal.” Johnson v. Lee, 578 U.S. 605, 606 (2016). Robbins
provides that “[a] prisoner must seek habeas relief without ‘substantial
delay,’ as ‘measured from the time the petitioner or counsel knew, or
reasonably should have known, of the information offered in support of the
claim and the legal basis for the claim.’” Walker v. Martin, 562 U.S. 307, 312
(2011) (internal citations omitted). Thus, “[a] summary denial citing …
Robbins means that the petition is rejected as untimely.” Id. at 313.
1
1
(Doc. 21 at 4.) Because the state court rejected Petitioner’s claims as barred by Robbins and
2
Dixon—which are independent and adequate state procedural grounds—the magistrate judge
3
found “Petitioner’s claims are procedurally defaulted.” (Id. at 5.) The magistrate judge also
4
determined Petitioner did not identify any reason to excuse the default. (Id.) Therefore, the
5
magistrate judge recommended the Court dismiss the petition with prejudice and deny a
6
certificate of appealability. (Id. at 5, 6.)
7
The Court served the Findings and Recommendations on Petitioner and notified him that
8
any objections were due within 14 days. (Doc. 21 at 6.) The Court advised him that the “failure
9
to file any objections within the specified time may result in the waiver of certain rights on
10
appeal.” (Id., citing Wilkerson v. Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014).) Petitioner did
11
not file objections, and the time to do so has passed.
12
According to 28 U.S.C. § 636(b)(1), this Court performed a de novo review of this case.
13
Having carefully reviewed the matter, the Court concludes the findings related to the procedural
14
bars of the petition are supported by the record and proper analysis. In addition, the Court adopts
15
the recommendation that a certificate of appealability not issue.
16
A state prisoner seeking a writ of habeas corpus does not have an absolute entitlement to
17
appeal a district court’s ruling, and an appeal is only allowed in certain circumstances. Miller-El
18
v. Cockrell, 537 U.S. 322, 335-336 (2003). If the Court denies a petitioner’s petition, the Court
19
may only issue a certificate of appealability when a petitioner makes a substantial showing of the
20
denial of a constitutional right. 28 U.S.C. § 2253(c)(2). To make a substantial showing,
21
Petitioner must establish that “reasonable jurists could debate whether (or, for that matter, agree
22
that) the petition should have been resolved in a different manner or that the issues presented
23
were ‘adequate to deserve encouragement to proceed further.’” Slack v. McDaniel, 529 U.S. 473,
24
484 (2000) (quoting Barefoot v. Estelle, 463 U.S. 880, 893 (1983)). In the present case, Petitioner
25
did not make the required substantial showing of the denial of a constitutional right to justify the
26
issuance of a certificate of appealability. Reasonable jurists would not find the determination that
27
Petitioner is not entitled to federal habeas corpus relief debatable, wrong, or deserving of
28
encouragement to proceed further. Thus, the Court declines to issue a certificate of appealability.
2
1
Based upon the foregoing, the Court ORDERS:
2
1.
3
The Findings and Recommendations issued on December 30, 2024 (Doc. 21) are
ADOPTED in full.
4
2.
The petition for writ of habeas corpus (Doc. 11) is DISMISSED.
5
3.
The Court declines to issue a certificate of appealability.
6
4.
The Clerk of Court is directed to close the case.
7
8
9
IT IS SO ORDERED.
Dated:
January 25, 2025
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?