Hernandez v. Beard et al

Filing 15

ORDER Denying Petitioner's 13 Motion to Show the Court Evidence. Signed by Magistrate Judge Jan M. Adler on 8/10/2016. (All non-registered users served via U.S. Mail Service)(knb)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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FRANCISCO RENE
HERNANDEZ,
Petitioner,

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Case No.: 16CV0470-BEN(JMA)

v.
JEFFERY BEARD, Secretary,

ORDER DENYING
PETITIONER'S MOTION TO
SHOW THE COURT EVIDENCE
(DOC. NO. 13)

Respondent.

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Petitioner has filed a motion requesting he be permitted to present

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evidence that he was not informed of his Miranda rights when he was

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interrogated by Detective Garcia on November 20, 2008. [Doc. No. 13.] On

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August 3, 2016, the undersigned issued a Report and Recommendation,

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recommending this Petition for Writ of Habeas Corpus (“Petition”) be dismissed

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on the basis it is second and successive to Hernandez v. Beard, 12-CV-1682-

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BEN(DHB). [Doc. No. 14.] As discussed in the Report and Recommendation,

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both petitions for writ of habeas corpus challenge Petitioner’s August 4, 2009

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conviction in San Diego County Superior Court Case No. SCE286092 and

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Petitioner has not obtained the requisite authorization from the Ninth Circuit to file

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//
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16CV0470-BEN(JMA)

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this second petition or alleged any facts to establish his new Petition satisfies the

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requirements of 28 U.S.C. § 2244(b)(2).

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The evidence Petitioner seeks to profer appears to be directed not to the

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claims he makes in this case, but rather to the second claim in his earlier filed

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case, in which he argued Detective Garcia failed to “Mirandize” Petitioner, in

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violation of his Constitutional rights, and which was denied by District Judge

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Roger T. Benitez on October 16, 2013.1 Hernandez, 12-CV-1682-BEN(DHB)

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[Doc. No. 4, p. 7 of 108 and Doc. No. 35.] Furthermore, even if the evidence

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Petitioner now seeks to introduce relates to the claims he raises in this case, the

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undersigned has recommended dismissal of this Petition. Petitioner’s motion to

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present evidence in support of his claim Detective Garcia failed to inform

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Petitioner of his Miranda rights is, therefore, DENIED.

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Dated: August 10, 2016

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In this case, Petitioner argues: (1) the San Diego Superior Court Judge failed to submit a waiver in open court
to transfer Petitioner’s case to the East County Court; (2) the prosecutor failed to obtain a waiver from Petitioner
after transferring his case to East County Court; (3) the court failed to arraign Petitioner within 48 hours of arrest;
and (4) Detective Garcia failed to inform San Diego County Jail of Petitioner’s pending charges of robbery,
resulting in a failure to rebook Petitioner on the robbery charges.
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16CV0470-BEN(JMA)