Quinteros v. Paramo
Filing
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ORDER denying Certificate of Appealability. Signed by Judge Janis L. Sammartino on 6/22/2017. (All non-registered users served via U.S. Mail Service.) (akr)
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UNITED STATES DISTRICT COURT
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SOUTHERN DISTRICT OF CALIFORNIA
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LIONEL QUINTEROS,
Case No.: 16-cv-583 JLS (JLB)
Petitioner,
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ORDER DENYING CERTIFICATE
OF APPEALABILITY
v.
DANIEL PARAMO, Warden,
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Respondent.
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Presently before the Court is the case of Quinteros v. Paramo. The Court adopted
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Magistrate Judge Jill L. Burkhardt’s Report and Recommendation and concluded that
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Petitioner’s claims are without merit. (ECF No. 17.)
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Rule 11(a) governing cases brought under Sections 2254 and 2255 of Title 28 of the
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United States Code establishes that a “district court must issue or deny a certificate of
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appealability when it enters a final order adverse to the applicant.” See 28 U.S.C. § 2254.
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A certificate of appealability is authorized “if the applicant has made a substantial showing
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of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2). “A petitioner satisfies this
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standard by demonstrating that jurists of reason could disagree with the district court’s
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resolution of his constitutional claims or that jurists could conclude the issues presented
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16-cv-583 JLS (JLB)
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are adequate to deserve encouragement to proceed further.” Miller-El v. Cockrell, 537 U.S.
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322, 327 (2003); see also Slack v. McDaniel, 529 U.S. 473, 484 (2000).
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In the present case, Judge Burkhardt carefully and thoroughly considered the
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Petition, (ECF No. 16), and the Court reviewed both Judge Burkhardt’s Report and
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Recommendation and the record for clear error, (ECF No. 17). Petitioner at no time
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objected to Judge Burkhardt’s Report and Recommendation. (See ECF Nos. 16, 17.)
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Ultimately, the Court concluded that Petitioner’s claims were either foreclosed by binding
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precedent or lacking in evidentiary support. (ECF No. 17.) Given the foregoing, the Court
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also concludes that no jurist of reason could either disagree with this resolution or conclude
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that the issues presented are adequate to deserve encouragement to proceed further.
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The Court therefore DENIES a certificate of appealability.
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IT IS SO ORDERED.
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Dated: June 22, 2017
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16-cv-583 JLS (JLB)
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