Barcimeo Merino Candelaria v. Tristan Lemon

Summary

The United States District Court for the Eastern District of California adopted the magistrate judge’s findings and recommendations and dismissed Barcimeo Merino Candelaria’s 28 U.S.C. § 2254 habeas petition without prejudice for failure to exhaust state judicial remedies. The court directed the clerk to close the case and declined to issue a certificate of appealability.

Holdings

1. The petition must be dismissed without prejudice because petitioner failed to exhaust state judicial remedies.
2. A certificate of appealability should not issue because reasonable jurists would not find debatable or wrong the determination that the petition should be dismissed or that petitioner should be allowed to proceed further.

Questions Presented

1. Whether the petition for a writ of habeas corpus should be dismissed without prejudice for failure to exhaust state judicial remedies.
2. Whether the court should issue a certificate of appealability after dismissing the petition on procedural grounds.

Disposition

dismissed