Simmons v. Maguire Correctional Facility of San Mateo County et al

Filing 18

ORDER DENYING CERTIFICATE OF APPEALABILITY. Petitioner has not shown that jurists of reason would find it debatable whether the Court was correct in its procedural ruling that Petitioner had failed to notify the Court of his current address after mail directed to him was returned to the Court as not deliverable. Accordingly, the COA is DENIED. The Clerk of the Court shall transmit a copy of this Order to the Ninth Circuit. Signed by Judge Edward J. Davila on 9/8/2015. (ecg, COURT STAFF) (Filed on 9/9/2015)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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For the Northern District of California

United States District Court

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ROB JOSEPH SIMMONS,
Petitioner,

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v.

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MAGUIRE CORRECTIONAL
FACILITY OF SAN MATEO
COUNTY, et al.,

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Respondents.

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No. C 14-00528 EJD (PR)
ORDER DENYING CERTIFICATE OF
APPEALABILITY

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Petitioner, a state prisoner proceeding pro se, filed a petition for writ of habeas
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corpus pursuant to 28 U.S.C. § 2254. On October 3, 2014, the Court dismissed the
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case pursuant to Northern District Local Rule 3-11, when mail directed to Petitioner
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was returned to the court as not deliverable and Petitioner failed to provide the Court
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with a current address within sixty days thereafter. (See Docket No. 15.) On August
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19, 2015, Petitioner filed a notice of appeal. (Docket No. 16.) The Ninth Circuit has
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remanded the case to this Court for the limited purpose of granting or denying a
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certificate of appealability (COA).
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“Determining whether a COA should issue where the petition was dismissed on
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procedural grounds has two components, one directed at the underlying constitutional
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Order Denying COA
P:\PRO-SE\EJD\HC.14\00528Simmons_deny.COA.wpd

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claims and one directed at the district court's procedural holding.” Slack v. McDaniel,

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529 U.S. 473, 484-85 (2000). “When the district court denies a habeas petition on

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procedural grounds without reaching the prisoner's underlying constitutional claim, a

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COA should issue when the prisoner shows, at least, that jurists of reason would find it

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debatable whether the petition states a valid claim of the denial of a constitutional right

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and that jurists of reason would find it debatable whether the district court was correct

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in its procedural ruling.” Id. at 484. As each of these components is a “threshold

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inquiry,” the federal court “may find that it can dispose of the application in a fair and

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prompt manner if it proceeds first to resolve the issue whose answer is more apparent

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For the Northern District of California

United States District Court

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from the record and arguments.” Id. at 485.
For the reasons discussed above, Petitioner has not shown that jurists of reason

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would find it debatable whether the Court was correct in its procedural ruling that

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Petitioner had failed to notify the Court of his current address after mail directed to him

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was returned to the Court as not deliverable. Accordingly, the COA is DENIED.

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The Clerk of the Court shall transmit a copy of this Order to the Ninth Circuit.

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DATED:

9/8/2015

EDWARD J. DAVILA
United States District Judge

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Order Denying COA
P:\PRO-SE\EJD\HC.14\00528Simmons_deny.COA.wpd

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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

ROBERT JOSEPH SIMMONS,

Case Number: CV14-00528 EJD

Plaintiff,

CERTIFICATE OF SERVICE

v.

MAGUIRE CORRECTIONAL FACILITY
OF SAN MATEO COUNTY, et al.,
Defendants.

/

I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District
Court, Northern District of California.
9/9/2015
That on
, I SERVED a true and correct copy(ies) of the
attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s)
hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into
an inter-office delivery receptacle located in the Clerk's office.

Rob Joseph Simmons #1061745
San Mateo County Jail
Maguire Corr. Facility
300 Bradford Street
Redwood City, CA 94063-1530
Dated:

9/9/2015
Richard W. Wieking, Clerk
/s/ By: Elizabeth Garcia, Deputy Clerk