Joshua Nowland v. Director, TDCJ-CID

Summary

The United States District Court for the Eastern District of Texas overruled Joshua Nowland’s objections and adopted the magistrate judge’s recommendation to dismiss his 28 U.S.C. § 2254 petition without prejudice. The court held that allegations concerning a forged appeal did not establish custody in violation of federal law and denied a certificate of appealability.

Holdings

1. Even accepting Nowland's allegations regarding a forged appeal as true, those allegations did not demonstrate that he was in custody in violation of the Constitution, laws, or treaties of the United States; therefore, he was not entitled to habeas relief.
2. The objections were overruled and the petition was dismissed without prejudice.
3. A certificate of appealability would not issue because Nowland did not show that reasonable jurists could debate whether his petition provided a basis for relief or that the issues deserved further encouragement.

Questions Presented

1. Whether Nowland's allegations that an appeal was forged and that state judges obstructed justice demonstrated that he was in custody in violation of the Constitution, laws, or treaties of the United States.
2. Whether the habeas petition should be dismissed without prejudice as recommended by the magistrate judge.
3. Whether Nowland was entitled to a certificate of appealability.

Disposition

dismissed