Gadlin v. Unknown
Filing
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ORDER DISMISSING CASE. Signed by Judge James Donato on 1/6/2021. (lrcS, COURT STAFF) (Filed on 1/6/2021)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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GREGORY A. GADLIN,
Petitioner,
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v.
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RALPH DIAZ, et al.,
Respondents.
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United States District Court
Northern District of California
Case No. 20-cv-02867-JD
ORDER GRANTING MOTION TO
DISMISS AND DENYING
CERTIFICATE OF APPEALABILITY
Re: Dkt. No. 11
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Gregory Gadlin, a pro se state prisoner, filed a habeas petition under 28 U.S.C. § 2254.
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Respondents filed a motion to dismiss asserting that abstention is appropriate pursuant to Younger
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v. Harris, 401 U.S. 37 (1971), because petitioner is currently pursuing an appeal in the California
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Court of Appeal. Despite being provided extra time to file a response, petitioner has not filed an
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opposition or otherwise communicated with the Court since the filing of this case.
BACKGROUND
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Petitioner was found guilty of first-degree murder with personal use of a firearm. People
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v. Gadlin, No. A149764, 2018 WL 5816613, at *1 (Cal. Ct. App. Nov. 7, 2018). Petitioner was
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sentenced to state prison for an indeterminate term of 117 years to life. Petition (Docket No. 5) at
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1. On November 7, 2018, the California Court of Appeal ordered the judgment be modified to
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strike a $250 probation fee, but otherwise affirmed the conviction. Gadlin, 2018 WL 5816613, at
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*1. On February 13, 2019, the California Supreme Court denied review. Motion to Dismiss
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(“MTD”), Ex. 4. The claims in this federal petition were exhausted in this first appeal. Petition at
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3-19.
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On February 22, 2019, petitioner filed a habeas petition with the California Court of
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Appeal seeking a remand for resentencing for the trial court to exercise its discretion to dismiss the
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five-year enhancements for having three prior serious felony convictions under the newly
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amended California Penal Code section 667(a) and the firearm enhancement under the newly
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amended California Penal Code section 12022.53(h). MTD, Ex. 6. The California Court of
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Appeal issued an order to show cause returnable to the Alameda County Superior Court why
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petitioner is not entitled to resentencing under the newly amended California Penal Code section
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12022.53(h). Id., Ex. 7. On May 10, 2019, the California Court of Appeal modified its order to
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show cause to also consider resentencing under the newly amended California Penal Code section
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667(a). Id., Ex. 8.
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On September 5, 2019, the Alameda County Superior Court granted the petition. Id., Ex.
9. The superior court held a resentencing hearing on January 29, 2020, where it declined to strike
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United States District Court
Northern District of California
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the enhancements for the prior serious felony convictions or the firearm enhancement. Id., Ex. 10.
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The court did strike two one-year prison prior term enhancements, resulting in a 115 year to life
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sentence. Id.
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On March 3, 2020, petitioner appealed the resentencing to the California Court of Appeal.
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Id., Ex. 11. Petitioner filed this instant federal habeas petition on April 27, 2020. Docket No. 1.
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Petitioner is represented by counsel in his state court appeal and the current deadline for his
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opening brief is January 14, 2021. People v. Gadlin, Case No. A159833.
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ABSTENTION
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Under principles of comity and federalism, a federal court should not interfere with
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ongoing state criminal proceedings by granting injunctive or declaratory relief absent
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extraordinary circumstances. See Younger, 401 U.S. at 43-54. The rationale of Younger applies
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throughout appellate proceedings, requiring that state appellate review of a state court judgment be
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exhausted before federal court intervention is permitted. See Dubinka v. Judges of the Superior
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Court, 23 F.3d 218, 223 (9th Cir. 1994) (even if criminal trials were completed at time of
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abstention decision, state court proceedings still considered pending). These concerns are
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especially important in the habeas context where a state prisoner’s conviction may be reversed on
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appeal, thereby rendering the federal issue moot. See Sherwood v. Tomkins, 716 F.2d 632, 634
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(9th Cir. 1983). Absent extraordinary circumstances, abstention under the Younger principle is
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required when: (1) state judicial proceedings are ongoing; (2) the state proceedings implicate
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important state interests; (3) the federal plaintiff is not barred from litigating federal constitutional
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issues in the state proceeding; and (4) the federal court action would enjoin the proceeding or have
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the practical effect of doing so. San Jose Silicon Valley Chamber of Commerce Political Action
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Comm. v. City of San Jose, 546 F.3d 1087, 1092 (9th Cir. 2008).
Here, all of the Younger criteria are satisfied. First, the direct appeal in petitioner’s
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criminal case is pending in the California Court of Appeal. Thus, state judicial proceedings are
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ongoing. Second, state criminal proceedings involve important state interests. See Kelly v.
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Robinson, 479 U.S. 36, 49 (1986) (citing Younger, 401 U.S. at 44-45) (“This Court has recognized
that the States’ interest in administering their criminal justice systems free from federal
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United States District Court
Northern District of California
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interference is one of the most powerful of the considerations that should influence a court
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considering equitable types of relief.”). Third, petitioner is not barred from litigating his federal
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constitutional issues in state court. Fourth, the underlying federal petition threatens to interfere
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with the state criminal proceedings in a manner that Younger disapproves by inserting federal
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court oversight into an ongoing state criminal proceeding. Accordingly, abstention is appropriate
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here.
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The exhaustion-of-state-remedies rule requires that prisoners in state custody who wish to
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challenge collaterally in federal habeas proceedings either the fact or length of their confinement
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must first exhaust state judicial remedies, either on direct appeal or through collateral proceedings,
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by presenting the highest state court available with a fair opportunity to rule on the merits of each
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and every claim. See 28 U.S.C. § 2254(b)-(c); Rose v. Lundy, 455 U.S. 509, 515-16 (1982). Even
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when the petitioner has exhausted his state remedies for the claims contained in the federal
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petition for writ of habeas corpus, Younger abstention is appropriate if there still is an appeal
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pending in state court. See Sherwood, 716 F.2d at 634. “When, as in the present case, an appeal
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of a state criminal conviction is pending, a would-be habeas corpus petitioner must await the
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outcome of his appeal before his state remedies are exhausted, even where the issue to be
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challenged in the writ of habeas corpus has been finally settled in the state courts.” Id. Although
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the claims contained in petitioner’ federal habeas petition may have been presented in his first
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state court appeal, the existence of his now-pending second state court appeal (following the
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resentencing proceedings) supports Younger abstention in this action. See Henderson v. Johnson,
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710 F.3d 872, 874 (9th Cir. 2013) (“[A] district court may not adjudicate a federal habeas petition
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while a petitioner’s direct state appeal is pending.”)
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Due to the direct appeal pending in the California Court of Appeal, this action will be
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dismissed under the Younger abstention doctrine. The dismissal will be without prejudice to
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petitioner filing a new petition for writ of habeas corpus after his direct appeal is finished.
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Because there is a one-year statute of limitations for the filing of a federal petition for writ of
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habeas corpus, see 28 U.S.C. § 2244(d), petitioner is cautioned to act swiftly to return to federal
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court with his new petition for writ of habeas corpus when the direct appeal concludes.
United States District Court
Northern District of California
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CONCLUSION
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1. Respondent’s motion to dismiss (Docket No. 11) is GRANTED and this case is
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DISMISSED without prejudice. Petitioner may file a new petition when the direct appeal
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concludes.
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2. A certificate of appealability (“COA”) will not issue because this is not a case in which
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“jurists of reason would find it debatable whether the petition states a valid claim of the denial of a
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constitutional right and that jurists of reason would find it debatable whether the district court was
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correct in its procedural ruling.” Slack v. McDaniel, 529 U.S. 473, 484 (2000). The Court
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declines to issue a COA regarding the procedural holding or the underlying claims of the petition.
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IT IS SO ORDERED.
Dated: January 6, 2021
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JAMES DONATO
United States District Judge
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