Chavez v. Smith

Summary

The United States District Court for the Northern District of California dismissed Enrique Chavez’s 28 U.S.C. § 2254 habeas petition. The court held that his claim concerning restitution under California law was not cognizable in federal habeas, and noted that the claim also appeared untimely and unexhausted; it denied a certificate of appealability and directed entry of judgment for the respondent.

Holdings

1. A claim based only on state law is not cognizable in federal habeas corpus.
2. A certificate of appealability will not issue because reasonable jurists would not find the district court's assessment of the constitutional claims debatable or wrong.

Questions Presented

1. Whether a claim based solely on an alleged violation of state law is cognizable in federal habeas corpus proceedings under 28 U.S.C. § 2254.
2. Whether a certificate of appealability should issue.

Disposition

dismissed