The following excerpt is from Alston v. Macomber, No. 2: 14-cv-1500 JAM KJN P (E.D. Cal. 2016):
Finally, the undersigned finds that petitioner has not demonstrated that failure to consider defaulted claims 2, 3, and 4 will result in a fundamental miscarriage of justice. Coleman v. Thompson, 501 U.S. 722, 750 (1991).
Accordingly, IT IS HEREBY RECOMMENDED that petitioner's application for a writ of habeas corpus be denied.
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