Summary
This United States District Court order adopts a Magistrate Judge’s Report and Recommendation dismissing the petitioner’s habeas corpus petition without prejudice for failure to exhaust state court remedies. The court entered a final judgment in accordance with the recommendation and denied a certificate of appealability, finding that the petitioner did not make a substantial showing of the denial of a federal constitutional right.
Topics
Practice areas
Questions Presented
- Whether the petitioner exhausted state court remedies
- Whether the petitioner is entitled to a certificate of appealability
Holdings
- The petition is dismissed without prejudice because the petitioner failed to exhaust state court remedies.
- A certificate of appealability shall not be issued because the petitioner did not make a substantial showing of the denial of a federal constitutional right.
Factual background
Gerald William Ren Quick filed a habeas petition alleging constitutional violations. The magistrate found that Quick had not exhausted available state court remedies and recommended dismissal without prejudice. The district court adopted that recommendation.
Procedural history
Petitioner filed a habeas petition under 28 U.S.C. §2254. The matter was referred to Magistrate Judge Christine L. Stetson, who recommended dismissal for failure to exhaust state remedies. The district court adopted the magistrate's report and denied a certificate of appealability.