Medina v. Sullivan

Filing 30

ORDER re: Findings and Recommendations 28 ; ORDER Dismissing Petitioner's Motion for a Ruling 27 ; ORDER Denying the Petition for Writ of Habeas Corpus 1 and Declining to Issue a Certificate of Appealability; ORDER Directing the Clerk to Enter Judgment for Respondent, signed by Chief Judge Anthony W. Ishii on 11/8/11. CASE CLOSED. (Verduzco, M)

1
2
3
4
5
6
7

UNITED STATES DISTRICT COURT

8

EASTERN DISTRICT OF CALIFORNIA

9
10
RAY MEDINA,
11
Petitioner,
12
13
14

v.
W. J. SULLIVAN,

15

Respondent.

16
17

)
)
)
)
)
)
)
)
)
)
)
)

1:09-cv—00488-AWI-SKO-HC
ORDER RE: FINDINGS AND
RECOMMENDATIONS (DOC. 28)
ORDER DISMISSING PETITIONER’S
MOTION FOR A RULING (DOC. 27)
ORDER DENYING THE PETITION FOR
WRIT OF HABEAS CORPUS (DOC. 1)
AND DECLINING TO ISSUE A
CERTIFICATE OF APPEALABILITY
ORDER DIRECTING THE CLERK TO
ENTER JUDGMENT FOR RESPONDENT

18
19

Petitioner is a state prisoner proceeding pro se and in

20

forma pauperis with a petition for writ of habeas corpus pursuant

21

to 28 U.S.C. § 2254.

22

Judge pursuant to 28 U.S.C. § 636(b)(1) and Local Rules 302 and

23

304.

24

The matter was referred to the Magistrate

On August 24, 2011, the Magistrate Judge filed findings and

25

recommendations recommending that the petition for writ of habeas

26

corpus be denied, Petitioner’s motion for a ruling be dismissed

27

as moot, judgment be entered for Respondent, and the Court

28

decline to issue a certificate of appealability.
1

These findings

1

and recommendations were served on all parties on the same date.

2

The findings and recommendations advised that objections could be

3

filed within thirty days.

4

objections has passed, no party has filed objections.

5

Although the period for filing

In accordance with the provisions of 28 U.S.C. § 636

6

(b)(1)(C), this Court has conducted a de novo review of the case.

7

Having carefully reviewed the entire file, the Court finds that

8

the report and recommendations are supported by the record and

9

proper analysis.

10

Accordingly, it is ORDERED that:

11

1) The petition for writ of habeas corpus is DENIED; and

12

2) Petitioner’s motion for a ruling is DENIED as moot; and

13

3) The Clerk is DIRECTED to enter judgment in favor of

14
15

Respondent; and
4) The Court DECLINES to issue a certificate of

16

appealability.

17

IT IS SO ORDERED.

18
19

Dated:
0m8i78

November 8, 2011
CHIEF UNITED STATES DISTRICT JUDGE

20
21
22
23
24
25
26
27
28
2