Magouirk v. Phillips

Kenneth Wayne Magouirk appeals from the district courts order dismissing his 28 U.S.C. § 2254 petition for habeas corpus relief. Magouirk raised five claims for federal review. The district court, acting on the recommendation of a Magistrate Judge who raised Magouirks procedural default of three claims sua sponte, applied Magouirks default to bar federal litigation of those three claims. Magouirk maintains that the Magistrate Judge and the federal district court were without authority to raise procedural default sua sponte. We hold that a federal district court has discretion to raise and apply a habeas petitioners procedural default sua sponte. We therefore affirm the district courts holding that Magouirks procedural default barred federal litigation of three of his five claims.