Ortega v. People of the State of California

Filing 31

ORDER re: Findings and Recommendations 30 ; ORDER DENYING the Petition for Writ of Habeas Corpus 1 and Directing the Entry of Judgment for Respondent; ORDER DECLINING to Issue a Certificate of Appealability, signed by District Judge Anthony W. Ishii on 06/12/2015. CASE CLOSED (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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11 MARK CURTIS ORTEGA,

Case No. 1:12-cv-00070-AWI-SKO-HC

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ORDER RE: FINDINGS AND
RECOMMENDATIONS (DOC. 30)

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Petitioner,
v.

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15 MARTIN BITER, Warden,
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Respondent.

ORDER DENYING THE PETITION FOR WRIT
OF HABEAS CORPUS (DOC. 1) AND
DIRECTING THE ENTRY OF JUDGMENT FOR
RESPONDENT
ORDER DECLINING TO ISSUE A
CERTIFICATE OF APPEALABILITY

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Petitioner is a state prisoner proceeding pro se and in forma

19 pauperis with a petition for writ of habeas corpus pursuant to 28
20 U.S.C. § 2254.

The matter was referred to the Magistrate Judge

21 pursuant to 28 U.S.C. § 636(b)(1) and Local Rules 302 through 304.
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On March 30, 2015, the Magistrate Judge filed findings and

23 recommendations to deny the petition for writ of habeas corpus,
24 direct the entry of judgment for Respondent, and decline to issue a
25 certificate of appealability.

The findings and recommendations were

26 served on all parties on the same date.

The findings and

27 recommendations advised the parties that objections could be filed
28 within thirty days and replies within fourteen days after the filing
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1 of objections.

Although the thirty-day period for the filing of

2 objections has passed, no objections have been filed.
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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C),

4 this Court has conducted a de novo review of the case.

Having

5 carefully reviewed the entire file, the Court finds that the report
6 and recommendations are supported by the record and proper analysis.
7 Thus, the Court will adopt the findings and recommendations in full.
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Accordingly, it is ORDERED that:

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1)

The petition for writ of habeas corpus is DENIED; and

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2)

The Clerk is DIRECTED to enter judgment for Respondent; and

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3)

The Court DECLINES to issue a certificate of appealability.

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13 IT IS SO ORDERED.
14 Dated: June 12, 2015
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SENIOR DISTRICT JUDGE

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