Chavez v. Lewis

Filing 56

ORDER ADOPTING Findings and Recommendation, DENYING Petition for Writ of Habeas Corpus, DIRECTING Clerk of Court to enter Judgment in favor of Respondent, and DECLINING to Issue Certificate of Appealability, signed by Judge Oliver W. Wanger on 4/16/2010. CASE CLOSED.(Verduzco, M)

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1 2 3 4 5 6 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 11 12 GAIL LEWIS, 13 Respondent. 14 15 Petitioner is a state prisoner proceeding with a petition for writ of habeas corpus pursuant 16 to 28 U.S.C. 2254. 17 On March 18, 2010, the Magistrate Judge issued Findings and Recommendation that the 18 Petition for Writ of Habeas Corpus be DENIED. On March 24, 2010, an Amended Findings and 19 Recommendation was issued due to a processing error. This Findings and Recommendation was 20 served on all parties and contained notice that any objections were to be filed within thirty (30) 21 days of the date of service of the order. 22 On March 31, 2010, Petitioner filed timely objections to the Findings and 23 Recommendation. 24 In accordance with the provisions of 28 U.S.C. 636 (b)(1)(C), this Court has conducted 25 a de novo review of the case. Having carefully reviewed the entire file, including Petitioner's 26 objections, the Court concludes that the Magistrate Judge's Findings and Recommendation is 27 28 1 / [Doc. 54] v. DIMAS CLEMENTE CHAVEZ, Petitioner, 1:02-cv-05320 OWW DLB (HC) ORDER ADOPTING FINDINGS AND RECOMMENDATION, DENYING PETITION FOR WRIT OF HABEAS CORPUS, DIRECTING CLERK OF COURT TO ENTER JUDGMENT IN FAVOR OF RESPONDENT, AND DECLINING TO ISSUE CERTIFICATE OF APPEALABILITY UNITED STATES DISTRICT COURT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 supported by the record and proper analysis. Petitioner's objections present no grounds for questioning the Magistrate Judge's analysis. Accordingly, IT IS HEREBY ORDERED that: 1. The Amended Findings and Recommendation issued March 24, 2010, is ADOPTED IN FULL; 2. 3. 4. The Petition for Writ of Habeas Corpus is DENIED; The Clerk of the Court is DIRECTED to enter judgment in favor of Respondent; The court declines to issue a Certificate of Appealability. 28 U.S.C. 2253(c); Slack v. McDaniel, 529 U.S. 473, 484 (2000) (a COA should be granted where the applicant has made "a substantial showing of the denial of a constitutional right," i.e., when "reasonable jurists would find the district court's assessment of the constitutional claims debatable or wrong"; Hoffman v. Arave, 455 F.3d 926, 943 (9th Cir. 2006) (same). In the present case, the Court finds that reasonable jurists would not find it debatable that the state courts' decision denying Petitioner's petition for writ of habeas corpus were not "objectively unreasonable." IT IS SO ORDERED. Dated: April 16, 2010 emm0d6 /s/ Oliver W. Wanger UNITED STATES DISTRICT JUDGE 2

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