(HC) Heath v. Dickinson

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 E.H.1, ) Case No.: 1:24-cv-01166 JLT EPG (HC) ) 12 Petitioner, ) ORDER ADOPTING THE FINDINGS AND ) RECOMMENDATIONS, DENYING PETITION 13 v. ) FOR WRIT OF HABEAS CORPUS, ) DIRECTING CLERK OF COURT TO CLOSE 14 BILL DICKINSON, ) CASE, AND DECLINING TO ISSUE ) CERTIFICATE OF APPEALABILITY 15 Respondent. ) ) (Docs. 1, 11) 16 ) 17 E.H. proceeds pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 18 2254, challenging his status as a ward of the court on the grounds that there was insufficient 19 evidence to the findings that he violated Cal. Pen. Code §§ 243.4 and 647.6, for sexual battery 20 and annoying or molesting a child. (Doc 1 at 4.) Petitioner exhausted these claims before the 21 state on direct appeal. (See id. at 2; Doc. 11 at 7.) 22 The magistrate judge found Petitioner was not entitled to habeas relief on the grounds 23 raised in his petition, because “the state court’s denial of Petitioner’s sufficiency of the evidence 24 claims was not contrary to, or an unreasonable application of, clearly established federal law, nor 25 was it based on an unreasonable determination of fact.” (Doc. 11 at 13; see also id. at 7-13.) In 26 addition, the magistrate judge determined the state’s “decision was not so lacking in justification 27 that there was an error well understood and comprehended in existing law beyond any possibility 28 1 Petitioner was a minor when the underlying incident for the challenged conviction occurred in 2021. 1 for fairminded disagreement.” (Id., internal quotation marks, citation omitted.) Therefore, the 2 magistrate judge recommended the Court deny the petition. (Id.) 3 The Court served the Findings and Recommendations on Petitioner and notified him that 4 any objections were due within 30 days. (Doc. 11 at 13.) The Court advised Petitioner the 5 “failure to file objections within the specified time may waive the right to appeal the District 6 Court’s order.” (Id. at 14, citing Wilkerson v. Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014).) 7 Petitioner did not file objections, and the time to do so expired. 8 According to 28 U.S.C. § 636(b)(1), this Court performed a de novo review of this case. 9 Having carefully reviewed the matter, the Court concludes the Findings and Recommendations 10 are supported by the record and proper analysis. Further, the Court declines to issue a certificate 11 of appealability. 12 A petitioner seeking a writ of habeas corpus does not have an absolute entitlement to 13 appeal, and an appeal is only allowed in certain circumstances. Miller-El v. Cockrell, 537 U.S. 14 322, 335-36 (2003); 28 U.S.C. § 2253. If a court denies a habeas petition on the merits, it may 15 only issue a certificate of appealability “if jurists of reason could disagree with the district court’s 16 resolution of [the petitioner’s] constitutional claims or that jurists could conclude the issues 17 presented are adequate to deserve encouragement to proceed further.” Miller-El, 537 U.S. at 327; 18 Slack v. McDaniel, 529 U.S. 473, 484 (2000). While Petitioner is not required to prove the merits 19 of his case, he must demonstrate “something more than the absence of frivolity or the existence of 20 mere good faith on his … part.” Miller-El, 537 U.S. at 338. The Court finds reasonable jurists 21 would not find the determination that the petition should be denied debatable or wrong, or that the 22 issues presented are deserving of encouragement to proceed further. Because Petitioner does not 23 make the required substantial showing of the denial of a constitutional right, the Court declines to 24 issue a certificate of appealability. Thus, the Court ORDERS: 25 1. The Findings and Recommendations issued on January 17, 2025 (Doc. 11) are 26 ADOPTED in full. 27 2. The petition for writ of habeas corpus (Doc. 1) is DENIED. 28 3. The Court declines to issue a certificate of appealability. 1 4. The Clerk of Court is directed to close the case. 2 3 IT IS SO ORDERED. 4| Dated: _ February 26, 2025 Charis [Tourn TED STATES DISTRICT JUDGE 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28