Mejia v. Allen

Summary

The United States District Court for the Eastern District of California adopted the magistrate judge’s findings and recommendations and dismissed Geronimo Mejia’s 28 U.S.C. § 2254 habeas petition without prejudice. The dismissal was based on Mejia’s failure to prosecute and failure to comply with the court’s order requiring an amended petition. The court declined to issue a certificate of appealability and directed the clerk to close the case.

Holdings

1. The petition was properly dismissed without prejudice because petitioner failed to comply with the screening order requiring an amended petition and failed to prosecute the action.
2. A certificate of appealability should not issue because petitioner failed to show that reasonable jurists would find debatable both the correctness of the procedural ruling and whether the petition stated a valid constitutional claim.

Questions Presented

1. Whether the § 2254 petition should be dismissed without prejudice because petitioner failed to comply with the court’s order to file an amended petition and failed to prosecute the action.
2. Whether a certificate of appealability should issue following the procedural dismissal.

Disposition

dismissed