Hernandez v. Speer

UNITED STATES DISTRICT COURT 6 WESTERN DISTRICT OF WASHINGTON AT TACOMA JENARDO D. HERNANDEZ, CASE NO. C25-0026 BHS Petitioner, ORDER 9 v. SCOTT SPEER, 11 Respondent.

13 THIS MATTER is before the Court on limited remand from the Ninth Circuit, for this Court to determine whether pro se petitioner Hernandez is entitled to a certificate of appealability under 28 U.S.C. § 2253(c). Dkt. 13 (citing Fed. R. App. P. 22(b); United States v. Asrar, 116 F.3d 1268, 1270 (9th Cir. 1997)).

17 Magistrate Judge Peterson correctly concluded that Hernandez had the financial ability to pay the $5.00 filing fee, and recommended the Court deny his application to proceed in forma pauperis. Dkt. 6. Her Report and Recommendation (R&R) recommended the Court give Hernandez 30 days to pay the filing fee. This Court adopted the R&R, Dkt. 8, and Hernandez did not pay the filing fee. Even if he had, his proposed habeas petition, Dkt. 1, does not make a substantial showing of the denial of a constitutional right. The Court will NOT issue a certificate of appealability.

3 IT IS SO ORDERED.

4 Dated this 14th day of July, 2025.

A BENJAMIN H. SETTLE United States District Judge