Nguon v. Madden

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA HUNG DUONG NGUON, Case No.: 22cv181-JO-JLB ORDER DENYING Petitioner, APPEALABILITY v. RAYMOND MADDEN, Warden,

Respondent. Pro se Petitioner Hung Duong Nguon filed a habeas corpus petition under 28 U.S.C. § 2254 on February 6, 2022. Dkt. 1. On February 7, 2023, Magistrate Judge Burkhardt issued a Report and Recommendation (the “R&R”) recommending that the petition be dismissed. Dkt. 18. On February 24, 2023, Petitioner Nguon filed an objection to the R&R, primarily on the grounds of judicial bias. Dkt. 20. On March 20, 2023, the Court adopted the R&R and denied the petition. Dkt. 22. Petitioner timely filed a notice of appeal of the Court’s denial of his petition for a writ of habeas corpus, see Dkt. 24, which the Court construes as a request for a certificate of appealability. United States v. Asrar, 116 F.3d 1268, 1270 (9th Cir. 1997). For the reasons stated below, the Court denies the request. l The Court denies Petitioner’s request for a certificate of appealability because he has not made a substantial showing of the denial of a constitutional right. A petitioner may not seek an appeal of a claim arising out of state court detention unless the petitioner first obtains a certificate of appealability from a district judge or a circuit judge under 28 U.S.C. 2253. Fed. R. App. P. 22(b). A certificate of appealability will issue only if the petitioner makes a substantial showing of the denial of a constitutional right. 28 U.S.C. § 2253(c)(1); Slack v. McDaniel, 529 U.S. 473, 484 (2000). For the reasons described in the R&R and this Court’s March 20, 2023 order, Petitioner has not demonstrated that “reasonable jurists would find the district court’s assessment of the constitutional claims debatable or wrong.” Slack, 529 U.S. at 484. Accordingly, the Court will not issue a certificate of appealability. For the reasons discussed above, the Court DENIES Petitioner’s request for a certificate of appealability [Dkt. 24]. The Clerk shall forward to the Court of Appeals the case file with this order. See Asrar, 116 F.3d at 1270. Dated: June 20, 2023 7Jinsook Ohta United States District Judge