Kevin Duane Hickman v. State of California, et al.

Summary

The United States District Court for the Eastern District of California adopted the magistrate judge’s findings and recommendations and summarily dismissed Kevin Duane Hickman’s 28 U.S.C. § 2254 habeas petition as frivolous and failing to state a cognizable claim for federal habeas relief. The court also denied petitioner’s requests for a bill exchange instrument and to discharge bond as moot, declined to issue a certificate of appealability, and ordered the case closed.

Holdings

1. Allegations concerning petitioner’s purported “Sovereign Status” and related assertions did not present a cognizable challenge to the underlying state criminal conviction and were frivolous; the petition was therefore properly summarily dismissed.
2. Petitioner’s theory that the district attorney’s failure to answer a purported conditional acceptance for value entitled him to default was frivolous and provided no basis to reject the findings and recommendations or avoid dismissal.
3. A certificate of appealability was denied because reasonable jurists would not find debatable or wrong the court’s determination that the petition had to be dismissed.

Questions Presented

1. Whether Hickman’s allegations concerning his purported “Sovereign Status” and related theories stated a cognizable claim for federal habeas relief.
2. Whether Hickman’s objection based on the state prosecutor’s alleged failure to answer a purported conditional acceptance for value established entitlement to default or otherwise undermined dismissal.
3. Whether the court should issue a certificate of appealability after dismissing the petition on procedural and noncognizability grounds.

Disposition

dismissed