Daniels v. Hatton

Filing 30

ORDER signed by Senior Judge Morrison C. England, Jr on 9/22/22C ADOPTING 28 Findings and Recommendations. The Court declines to issue the certificate of appealability. The Clerk of Court is directed to close the case. CASE CLOSED. (Kaminski, H)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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TOMMY GENE DANIELS,

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Petitioner,

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v.

No. 2:16-cv-3025 MCE AC P

ORDER

SHAWN HATTON,

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Respondent.

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Petitioner, a state prisoner proceeding through counsel, has filed this application for a writ

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of habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United States

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Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On July 22, 2022, the magistrate judge filed findings and recommendations herein which

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were served on all parties and which contained notice to all parties that any objections thereto

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were to be filed within twenty-one (21) days. ECF No. 28. Petitioner has filed objections to the

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findings and recommendations and requested a certificate of appealability. ECF No. 29.
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this

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Court has conducted a de novo review of this case. Having carefully reviewed the entire file, the

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Court finds the findings and recommendations to be supported by the record and by proper

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analysis.

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Pursuant to Rule 11(a) of the Federal Rules Governing Section 2254 Cases, the Court has

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considered whether to issue a certificate of appealability. Before Petitioner can appeal this

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decision, a certificate of appealability must issue. See 28 U.S.C. § 2253(c); Fed. R. App. P.

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22(b). Where the petition is denied on the merits, a certificate of appealability may issue

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under 28 U.S.C. § 2253 “only if the applicant has made a substantial showing of the denial of a

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constitutional right.” 28 U.S.C. § 2253(c)(2). The court must either issue a certificate of

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appealability indicating which issues satisfy the required showing or must state the reasons why

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such a certificate should not issue. See Fed. R. App. P. 22(b). Where the petition is dismissed on

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procedural grounds, a certificate of appealability “should issue if the prisoner can show: (1) ‘that

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jurists of reason would find it debatable whether the district court was correct in its procedural

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ruling’; and (2) ‘that jurists of reason would find it debatable whether the petition states a valid

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claim of the denial of a constitutional right.’” Morris v. Woodford, 229 F.3d 775, 780 (9th Cir.

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2000) (quoting Slack v. McDaniel, 529 U.S. 473, 120 S. Ct. 1595, 1604 (2000)). For the reasons

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set forth in the Magistrate Judge's findings and recommendations, and because the Court agrees

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that there was no denial of Petitioner’s constitutional rights for those same reasons, the Court

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finds that issuance of a certificate of appealability is not warranted in this case.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed July 22, 2022 (ECF No. 28), are ADOPTED

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in full;

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2. The petition for writ of habeas corpus (ECF No. 1) is DENIED;

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3. The Court declines to issue the certificate of appealability referenced in 28 U.S.C.

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§ 2253; and

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

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IT IS SO ORDERED.

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Dated: September 22, 2022

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