Nguyen v. Baughman
Filing
22
ORDER signed by District Judge John A. Mendez on 4/26/2021 ADOPTING 21 The Findings and Recommendations in full; The Court DECLINES to issue a certificate of appealability; and The Clerk of the Court is directed to enter judgment and close this file. CASE CLOSED. (Mena-Sanchez, L)
1
2
3
4
5
6
7
8
IN THE UNITED STATES DISTRICT COURT
9
FOR THE EASTERN DISTRICT OF CALIFORNIA
10
11
DAVIS NGUYEN,
12
Petitioner,
13
14
No. 2:18-CV-0909-JAM-DMC-P
v.
ORDER
DAVID BAUGHMAN,
15
Respondent.
16
Petitioner, a state prisoner proceeding pro se, brings this petition for a writ of
17
18
habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United States
19
Magistrate Judge pursuant to Eastern District of California local rules.
On March 23, 2021, the Magistrate Judge filed findings and recommendations
20
21
herein which were served on the parties and which contained notice that the parties may file
22
objections within the time specified therein. No objections to the findings and recommendations
23
have been filed.
The Court has reviewed the file and finds the findings and recommendations to be
24
25
supported by the record and by the Magistrate Judge's analysis.
26
///
27
///
28
///
1
1
Pursuant to Rule 11(a) of the Federal Rules Governing Section 2254 Cases, the
2
Court has considered whether to issue a certificate of appealability. Before Petitioner can appeal
3
this decision, a certificate of appealability must issue. See 28 U.S.C. § 2253(c); Fed. R. App. P.
4
22(b). Where the petition is denied on the merits, a certificate of appealability may issue under
5
28 U.S.C. § 2253 “only if the applicant has made a substantial showing of the denial of a
6
constitutional right.” 28 U.S.C. § 2253(c)(2). The court must either issue a certificate of
7
appealability indicating which issues satisfy the required showing or must state the reasons why
8
such a certificate should not issue. See Fed. R. App. P. 22(b). Where the petition is dismissed on
9
procedural grounds, a certificate of appealability “should issue if the prisoner can show: (1) ‘that
10
jurists of reason would find it debatable whether the district court was correct in its procedural
11
ruling’; and (2) ‘that jurists of reason would find it debatable whether the petition states a valid
12
claim of the denial of a constitutional right.’” Morris v. Woodford, 229 F.3d 775, 780 (9th Cir.
13
2000) (quoting Slack v. McDaniel, 529 U.S. 473, 120 S.Ct. 1595, 1604 (2000)). For the reasons
14
set forth in the Magistrate Judge’s findings and recommendations, the Court finds that issuance of
15
a certificate of appealability is not warranted in this case.
16
Accordingly, IT IS HEREBY ORDERED that:
17
1.
The findings and recommendations filed March 23, 2021, are adopted in
19
2.
Petitioner’s petition for a writ of habeas corpus, ECF No. 1, is denied;
20
3.
The Court declines to issue a certificate of appealability; and
21
4.
The Clerk of the Court is directed to enter judgment and close this file.
18
full;
22
23
24
25
DATED: April 26, 2021
/s/ John A. Mendez
THE HONORABLE JOHN A. MENDEZ
UNITED STATES DISTRICT COURT JUDGE
26
27
28
2
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?