Paul Hupp v. Warden

Summary

The United States District Court for the Central District of California accepted the magistrate judge’s Report and Recommendation and overruled Paul Hupp’s objections. The court denied the habeas corpus petition as procedurally barred, denied a certificate of appealability, and dismissed the action with prejudice.

Holdings

1. Because Hupp had no state remedies available, his habeas claim was procedurally barred.
2. Hupp could not overcome the procedural default because his ineffective-assistance-of-counsel claim was meritless.
3. A certificate of appealability was denied because reasonable jurists could not debate the court's ruling that Hupp's claims were procedurally defaulted.

Questions Presented

1. Whether the petition was procedurally barred because the petitioner had no available state remedies.
2. Whether the petitioner could overcome the procedural default through a potentially meritorious ineffective-assistance-of-counsel claim.
3. Whether a certificate of appealability should issue.

Disposition

dismissed