Denzell Magic Metcalf v. John Doe

Summary

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

Holdings

1. A state prisoner's federal habeas petition must be dismissed without prejudice when the petitioner has not presented the claims to the state courts, including the state's highest court, and therefore has not exhausted available state remedies.
2. A certificate of appealability should be denied when the petitioner has not made a substantial showing of the denial of a constitutional right and reasonable jurists would not debate the court's resolution of the petition.

Questions Presented

1. Whether the § 2254 petition should be dismissed without prejudice because petitioner failed to exhaust available state-court remedies.
2. Whether petitioner made the substantial showing of the denial of a constitutional right required for issuance of a certificate of appealability.

Disposition

dismissed