Anaya v. Sisto et al

Filing 36

ORDER ADOPTING 31 FINDINGS and RECOMMENDATION; Dismissing Petition for Writ of Habeas Corpus; Directing Clerk of Court to Enter Judgment; DECLINING to Issue Certificate of Appealability, signed by Judge Oliver W. Wanger on 1/7/2009. CASE CLOSED. (Sondheim, M)

1 2 3 4 5 6 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 11 12 D.K. SISTO, 13 Respondent. 14 15 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus 16 pursuant to 28 U.S.C. § 2254. 17 On October 7, 2008, the Magistrate Judge issued Findings and Recommendation that the 18 Petition for Writ of Habeas Corpus be DENIED. This Findings and Recommendation was 19 served on all parties and contained notice that any objections were to be filed within thirty (30) 20 days of the date of service of the order. 21 On December 3, 2008, Petitioner filed timely objections to the Findings and 22 Recommendation. 23 In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(C), this Court has conducted 24 a de novo review of the case. Having carefully reviewed the entire file, including Petitioner's 25 objections, the Court concludes that the Magistrate Judge's Findings and Recommendation is 26 supported by the record and proper analysis. Petitioner's objections present no grounds for 27 questioning the Magistrate Judge's analysis. 28 1 / [Doc. 31] v. DOMINGO BUSTOS ANAYA, Petitioner, 1:08-cv-00287 OWW DLB HC ORDER ADOPTING FINDINGS AND RECOMMENDATION, DISMISSING PETITION FOR WRIT OF HABEAS CORPUS, DIRECTING CLERK OF COURT TO ENTER JUDGMENT, AND DECLINING TO ISSUE CERTIFICATE OF APPEALABILITY

UNITED STATES DISTRICT COURT

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Accordingly, IT IS HEREBY ORDERED that: 1. The Findings and Recommendation issued October 7, 2008, is ADOPTED IN FULL; 2. 3. The Petition for Writ of Habeas Corpus is DISMISSED, with prejudice; The Clerk of the Court is DIRECTED to enter judgment in favor of Respondent; and 4. The court declines to issue a Certificate of Appealability. 28 U.S.C. § 2253(c); Slack v. McDaniel, 529 U.S. 473, 484 (2000) (in order to obtain a COA, petitioner must show: (1) that jurists of reason would find it debatable whether the petition stated a valid claim of a denial of a constitutional right; and (2) that jurists of reason would find it debatable whether the district court was correct in its procedural ruling. Slack v. McDaniel, 529 U.S. 473, 484 (2000). In the present case, the Court does not find that jurists of reason would not find it debatable whether the petition was properly dismissed, with prejudice, as time-barred under 28 U.S.C. § 2244(d)(1). Petitioner has not made the required substantial showing of the denial of a constitutional right. IT IS SO ORDERED. Dated: January 7, 2009 emm0d6 /s/ Oliver W. Wanger UNITED STATES DISTRICT JUDGE

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