Jesus Dominguez, a state prisoner in New Mexico, sought federal relief under 28 U.S.C. § 2254 following his conviction for first-degree kidnapping and second-degree criminal sexual penetration. After a series of state court proceedings that concluded with the New Mexico Supreme Court denying certiorari in 2014, Dominguez filed a federal habeas petition on December 12, 2022. The district court dismissed the petition as untimely, determining that the one-year statute of limitations under 28 U.S.C. § 2244(d) had expired in December 2017 when his state judgment became final. The district court also denied a certificate of appealability. Dominguez appealed to the Tenth Circuit, arguing that the district court acted prematurely by not waiting for a magistrate judge's review, appeared biased due to New Mexico's small population, and discriminated against him based on his immigration status.
To appeal the denial of habeas relief, a petitioner must obtain a certificate of appealability (COA), which requires a substantial showing that reasonable jurists could debate the district court's ruling. Because the district court dismissed the case on procedural grounds without reaching the merits, Dominguez had to show that jurists of reason would debate both the validity of his constitutional claim and the correctness of the procedural ruling. The Tenth Circuit focused on the procedural ruling regarding the statute of limitations. First, the court rejected Dominguez's argument that the district court erred by ruling before a magistrate judge completed its review. Citing 28 U.S.C. § 636(b), the court explained that while magistrate judges may assist, they do not limit the district court's authority to adjudicate petitions when they are ripe. Second, the court found that Dominguez's claims of bias based on New Mexico's population dynamics and his immigration status did not create a debatable issue regarding the correctness of the procedural dismissal. Since Dominguez failed to show that reasonable jurists would debate the procedural ruling, the court did not need to address whether his underlying constitutional claims were valid. Additionally, the court denied his request to proceed in forma pauperis because, while he showed financial inability, he failed to present any nonfrivolous legal arguments to support his appeal.
The dismissal of Dominguez's federal habeas petition stands, leaving his state conviction and sentence in effect. The decision reinforces that district courts may rule on habeas petitions without waiting for magistrate judge recommendations when the record is sufficient. It also clarifies that arguments regarding community bias or immigration status do not automatically create a debatable procedural issue sufficient to grant a COA. The petitioner remains in custody under the original state sentence.
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