Mendoza v. Frauenheim

Filing 9

ORDER DISMISSING CASE and DENYING A CERTIFICATE OF APPEALABILITY. Signed by Judge Nandor Vadas on 10/24/2014. (njvlc1, COURT STAFF) (Filed on 10/24/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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EUREKA DIVISION

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ROBERTO ANTONIO MENDOZA,
Petitioner,

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vs.

ORDER DISMISSING CASE
AND DENYING A
CERTIFICATE OF
APPEALABILITY

S. FRAUENHEIM,
Respondent.

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For the Northern District of California

United States District Court

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No. C 14-3446 NJV (PR)

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Petitioner, a California prisoner filed a pro se petition for a writ of habeas corpus
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pursuant to 28 U.S.C. § 2254. The court ordered petitioner to show cause why this case
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should not be dismissed as unexhausted, as it appeared that the petition only contained
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unexhausted claims. The court also noted that a fully unexhausted federal habeas petition
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may not be stayed and should be dismissed. See, e.g., Rasberry v. Garcia, 448 F.3d 1150,
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1154 (9th Cir. 2006).
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Petitioner has not filed a response or otherwise communicated with the court.
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Therefore, the petition is DISMISSED without prejudice as unexhausted. Petitioner may file
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a new petition once the claims have been exhausted. Because reasonable jurists would
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not find the result here debatable, a certificate of appealability (“COA”) is DENIED. See
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Slack v. McDaniel, 529 U.S. 473, 484-85 (2000) (standard for COA). The clerk shall close
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the file.
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IT IS SO ORDERED.
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Dated: October 24, 2014.
NANDOR J. VADAS
United States Magistrate Judge

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G:\PRO-SE\NJV\HC.14\Mendoza3446.dis.wpd

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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EUREKA DIVISION

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Petitioner,

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CERTIFICATE OF SERVICE

v.

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S. FRAUENHEIM,

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Respondent.

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For the Northern District of California

United States District Court

No. C 14-3446 NJV (PR)

ROBERTO ANTONIO MENDOZA,

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I, the undersigned, hereby certify that on October 24, 2014, I served a true and correct copy
of the attached by placing said copy in a postage paid envelope addressed to the person(s) listed
below, by depositing said envelope in the U.S. Mail.

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Roberto Antonio Mendoza
CDCR # AH-2211
Pleasant Valley State Prison
A3-215
P.O. Box 8500
Coalinga, CA 93210

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Linn Van Meter
Administrative Law Clerk to the
Honorable Nandor J. Vadas

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