Booker v. Superior Court of the State of California, et al.
ORDER signed by District Judge Troy L. Nunley on 1/10/2022 ADOPTING 29 The Findings and Recommendations in full; Petitioner's petition for a writ of habeas corpus 1 , is DENIED; The Court DECLINES to issue a certificate of appealability; and The Clerk of the Court is directed to enter judgment and close tis file. CASE CLOSED. (Mena-Sanchez, L)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
RANDY CHEVER BOOKER,
SUPERIOR COURT OF THE STATE OF
CALIFORNIA, et al.,
Petitioner, a state prisoner proceeding pro se, brings this petition for a writ of habeas
corpus under 28 U.S.C. § 2254. The matter was referred to a United States Magistrate Judge
pursuant to Eastern District of California local rules.
On November 10, 2021, the Magistrate Judge filed findings and recommendations herein
which were served on the parties and which contained notice that the parties may file objections
within the time specified therein. (ECF No. 29.) No objections to the findings and
recommendations have been filed.
The Court has reviewed the file and finds the findings and recommendations to be
supported by the record and by the Magistrate Judge's analysis.
Pursuant to Rule 11(a) of the Federal Rules Governing Section 2254 Cases, the Court has
considered whether to issue a certificate of appealability. Before Petitioner can appeal this
decision, a certificate of appealability must issue. See 28 U.S.C. § 2253(c); Fed. R. App. P. 22(b).
Where the petition is denied on the merits, a certificate of appealability may issue under 28
U.S.C. § 2253 “only if the applicant has made a substantial showing of the denial of a
constitutional right.” 28 U.S.C. § 2253(c)(2). The Court must either issue a certificate of
appealability indicating which issues satisfy the required showing or must state the reasons why
such a certificate should not issue. See Fed. R. App. P. 22(b). Where the petition is dismissed on
procedural grounds, a certificate of appealability “should issue if the prisoner can show: (1) ‘that
jurists of reason would find it debatable whether the district court was correct in its procedural
ruling’; and (2) ‘that jurists of reason would find it debatable whether the petition states a valid
claim of the denial of a constitutional right.’” Morris v. Woodford, 229 F.3d 775, 780 (9th Cir.
2000) (quoting Slack v. McDaniel, 529 U.S. 473, 120 S.Ct. 1595, 1604 (2000)). For the reasons
set forth in the Magistrate Judge’s findings and recommendations, the Court finds that issuance of
a certificate of appealability is not warranted in this case.
Accordingly, IT IS HEREBY ORDERED that:
The findings and recommendations filed November 10, 2021, (ECF No. 29), are
adopted in full;
Petitioner’s petition for a writ of habeas corpus, (ECF No. 1), is denied;
The Court declines to issue a certificate of appealability; and
The Clerk of the Court is directed to enter judgment and close tis file.
DATED: January 10, 2022
Troy L. Nunley
United States District Judge
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