Can a federal court apply a procedural bar or preclusion to a plaintiff in a Rule 32 proceeding?
MultiRegion, United States of America
The following excerpt is from Ceja v. Stewart, 97 F.3d 1246 (9th Cir. 1996):
Preclusion does not provide a basis for federal courts to apply a procedural bar. See Maxwell v. Sumner, 673 F.2d 1031, 1034-35 (9th Cir.), cert. denied, 459 U.S. 976, 103 S.Ct. 313, 74 L.Ed.2d 291 (1982). By adopting Arizona's mixed arguments of preclusion and waiver with respect to these claims, the state court in Ceja's second Rule 32 proceeding did not clearly base its decision on independent and adequate state law grounds.
2. Merits
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