(HC) Griffin v. People of State of California, No. 2:2021cv00406 - Document 23 (E.D. Cal. 2021)
Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 5/24/21 ORDERING the Clerk of the Court assign a District Court Judge to this case. Also, RECOMMENDING that petitioner's petition for a writ of habeas corpus be dismissed for failure to exhaust state court remedies; and this case be closed. Assigned and referred to Judge Troy L. Nunley. Objections due within 14 days.(Plummer, M)
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(HC) Griffin v. People of State of California Doc. 23 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DEXTER LAWRENCE GRIFFIN, 12 Petitioner, 13 14 No. 2:21-cv-0406 CKD P v. ORDER AND BRANDON PRICE, 15 FINDIGNS AND RECOMMENDATIONS Respondent. 16 Petitioner is a California civil detainee proceeding pro se with an amended petition for a 17 writ of habeas corpus (ECF No. 20) pursuant to 28 U.S.C. § 2254. The exhaustion of state court 18 remedies is a prerequisite to the granting of a petition for writ of habeas corpus. 28 U.S.C. § 19 2254(b)(1). A petitioner satisfies the exhaustion requirement by providing the highest state court 20 with a full and fair opportunity to consider all claims before presenting them to the federal court. 21 Picard v. Connor, 404 U.S. 270, 276 (1971). In his petition, petitioner admits he has not 22 exhausted state court remedies with respect to any of his claims. Accordingly, federal habeas 23 relief is not available. 24 In accordance with the above, IT IS HEREBY ORDERED that the Clerk of the Court 25 assign a district court judge to this case. 26 ///// 27 ///// 28 1 Dockets.Justia.com 1 IT IS HEREBY RECOMMENDED that: 2 1. Petitioner’s petition for a writ of habeas corpus be dismissed for failure to exhaust state 3 court remedies; and 4 2. This case be closed. 5 These findings and recommendations are submitted to the United States District Judge 6 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 7 after being served with these findings and recommendations, petitioner may file written 8 objections with the court. Such a document should be captioned “Objections to Magistrate 9 Judge’s Findings and Recommendations.” In his objections, petitioner may address whether a 10 certificate of appealability should issue in the event he files an appeal of the judgment in this 11 case. See Rule 11, Federal Rules Governing Section 2254 Cases (the district court must issue or 12 deny a certificate of appealability when it enters a final order adverse to the applicant). Where, as 13 here, a habeas petition is dismissed on procedural grounds, a certificate of appealability “should 14 issue if the prisoner can show: (1) ‘that jurists of reason would find it debatable whether the 15 district court was correct in its procedural ruling;’ and (2) ‘that jurists of reason would find it 16 debatable whether the petition states a valid claim of the denial of a constitutional right.’” Morris 17 v. Woodford, 229 F.3d 775, 780 (9th Cir. 2000) (quoting Slack v. McDaniel, 529 U.S. 473, 484 18 (2000)). Petitioner is advised that failure to file objections within the specified time may waive 19 the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 20 Dated: May 24, 2021 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 21 22 23 24 25 26 1 griff0406.103 27 28 2
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