Anthony L. Allen, Jr. v. Bryan D. Phillips

Summary

The United States District Court for the Eastern District of California adopted the magistrate judge’s findings and recommendations and denied Anthony L. Allen, Jr.’s third amended petition for a writ of habeas corpus under 28 U.S.C. § 2254. The court also declined to issue a certificate of appealability and directed the Clerk to close the action.

Holdings

1. The petition must be denied because petitioner failed to allege facts supporting either exhausted claim: the alleged denial of a fair Marsden hearing or the alleged denial of a fair trial based on the jury's ethnic background.
2. Petitioner was not entitled to a certificate of appealability because he failed to make the required substantial showing of the denial of a constitutional right, and reasonable jurists would not find the denial of the petition debatable or wrong.

Questions Presented

1. Whether the third amended federal habeas petition should be denied because the two exhausted claims were unsupported by factual allegations.
2. Whether petitioner was entitled to a certificate of appealability after denial of the habeas petition on the merits.

Disposition

other