Garcia v. Unknown

Filing 15

ORDER ADOPTING REPORT AND RECOMMENDATION re: 1 Petition for Writ of Habeas Corpus. Court adopts in full the Report and Recommendation 14 and denies the petition for writ of habeas corpus. Court denies a certificate of appealability. Signed by Judge Irma E. Gonzalez on 4/26/2012. (All non-registered users served via U.S. Mail Service) (jah)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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LEONARDO GARCIA,

CASE NO. 10cv2464-IEG(RBB)
Petitioner,

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Order Adopting in Full Report and
Recommendation; Denying Petition;
Denying Certificate of Appealability

vs.
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MATTHEW CATE,
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Respondent.
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Petitioner Leonardo Garcia has filed a petition for a writ of habeas corpus under 28 U.S.C.

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§ 2254 challenging his sentence in San Diego County Superior Court Case No. SDC206983.

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Petitioner argues the Superior Court used a prior Juvenile adjudication as a strike to enhance his

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sentence, in violation of his right to due process. Respondent filed an answer, arguing the state

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court’s decision denying Petitioner’s claim was neither contrary to nor an unreasonable application

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of clearly established Federal law.

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Magistrate Judge Ruben Brooks issued a Report and Recommendation on February 28,

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2012, recommending the Court deny the petition. The Court is required to review de novo those

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portions of a report and recommendation to which objection are made. 28 U.S.C. § 636(b)(1);

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United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (“[T]he district judge must

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review the magistrate judge’s findings and recommendations de novo if objection is made, but not

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otherwise.”). Here, Petitioner did not file objections to the report and recommendation.

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Magistrate Judge Brooks’ report and recommendation is based upon the correct legal
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10cv2464

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standard, and fully and completely discusses the reasons why Petitioner is not entitled to relief on

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his claim. In short, the Ninth Circuit has held that there is no clearly established Federal law

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prohibiting state courts from using juvenile adjudications to enhance the sentence of an adult

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offender. Boyd v. Newland, 467 F.3d 1139, 1152 (9th Cir. 2006). Therefore, the Court ADOPTS

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IN FULL the Report and Recommendation and DENIES the petition for writ of habeas corpus.

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Pursuant to Rule 11 of the Rules Governing Section 2254 cases, the “district court must

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issue or deny a certificate of appealability when it enters a final order adverse to the applicant.” A

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certificate of appealability is authorized “if the applicant has made a substantial showing of the

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denial of a constitutional right.” 28 U.S.C.A. § 2253(c)(2) (West Supp. 2001). When a petitioner's

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claims have been denied on their merits, as here, a petitioner can meet the threshold “substantial

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showing of the denial of a constitutional right,” by demonstrating that: (1) the issues are debatable

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among jurists of reason; or (2) that a court could resolve the issues in a different manner; or (3)

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that the questions are adequate to deserve encouragement to proceed further. Lambright v.

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Stewart, 220 F.3d 1022, 1024-25 (9th Cir. 2000), citing Slack v. McDaniel, 529 U.S. 473 (2000),

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and Barefoot v. Estelle, 463 U.S. 880 (1983). The Ninth Circuit in Boyd resolved the sole issue in

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the petition, and the Court does not believe “jurists of reason” would disagree on Petitioner’s

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entitlement to relief. Therefore, the Court DENIES a certificate of appealability.

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IT IS SO ORDERED.
DATED: April 26, 2012

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IRMA E. GONZALEZ, Chief Judge
United States District Court

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10cv2464