Navarro v. Grounds

Filing 28

ORDER DENYING CERTIFICATE OF APPEALABILITY re: 26 ORDER of USCA. Signed by Judge Edward J. Davila on 11/5/2015. (ejdlc1S, COURT STAFF) (Filed on 11/5/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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ANDRES NAVARRO,

Case No. 5:14-cv-01336-EJD

Petitioner,
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ORDER DENYING CERTIFICATE OF
APPEALABILITY

v.
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R.T.C. GROUNDS, Warden,

United States District Court
Northern District of California

Respondent.
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In an order filed on August 28, 2015, this court found that Petitioner Andres Navarro’s

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(“Petitioner”) petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 was untimely and

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that he was not entitled equitable tolling of the statute of limitations. The court granted

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Respondent’s motion to dismiss on those grounds and entered judgment, from which Petitioner

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appealed. On November 3, 2015, the Ninth Circuit Court of Appeals remanded the action for the

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limited purpose of granting or denying a certificate of appealability (“COA”).

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When, as here, “the district court denies a habeas petition on procedural grounds without

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reaching the prisoner’s underlying constitutional claim, a COA should issue (and an appeal of the

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district court’s order may be taken) if the prisoner shows, at least, that jurists of reason would find

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it debatable whether the petition states a valid claim of the denial of a constitutional right, and that

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jurists of reason would find it debatable whether the district court was correct in its procedural

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ruling.” Slack v. McDaniel, 529 U.S. 473, 478 (2000). Having reviewed the record, the court

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finds that “jurists or reason” could not find debatable either the application of the statute of

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limitations or the rejection of equitable tolling. As discussed in the order, Petitioner admitted that

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his petition was not timely filed, and he did not present circumstances sufficient to justify a tolling

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Case No.: 5:14-cv-01336-EJD
ORDER DENYING CERTIFICATE OF APPEALABILITY

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of the limitations period.
Accordingly, the court DENIES a certificate of appealability.

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IT IS SO ORDERED.
Dated: November 5, 2015
______________________________________
EDWARD J. DAVILA
United States District Judge

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United States District Court
Northern District of California

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Case No.: 5:14-cv-01336-EJD
ORDER DENYING CERTIFICATE OF APPEALABILITY