Relmon H. Davis, III v. W.J. Sullivan

Summary

The United States District Court for the Eastern District of California denied Relmon H. Davis III's motion to amend his habeas petition to add an ineffective-assistance-of-appellate-counsel claim, finding amendment futile. The court adopted the magistrate judge's findings and recommendations, denied the petition for a writ of habeas corpus, declined to issue a certificate of appealability, and directed the clerk to close the case.

Holdings

1. Leave to amend was properly denied because the proposed ineffective-assistance-of-appellate-counsel claim was futile and meritless.
2. The petition for a writ of habeas corpus was denied, and the magistrate judge's findings and recommendations were adopted in full.
3. A certificate of appealability was denied because reasonable jurists would not find the denial of the petition debatable or wrong and petitioner had not made the required substantial showing of the denial of a constitutional right.

Questions Presented

1. Whether petitioner should be granted leave under Federal Rule of Civil Procedure 15(a)(2) to amend the habeas petition to add an ineffective-assistance-of-appellate-counsel claim.
2. Whether the magistrate judge's recommendation to deny the § 2254 petition should be adopted after de novo review.
3. Whether a certificate of appealability should issue.

Disposition

denied