Fegan v. Braselton

Filing 30

ORDER Adopting 27 FINDINGS AND RECOMMENDATIONS Recommending that the Court Deny Petitioner's Request for a Certificate of Appealability signed by District Judge Anthony W. Ishii on 3/18/2015. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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STEVE FEGAN,

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Petitioner,
v.
SCOTT FRAUENHEIM,

Case No. 1:14-CV-01022-AWI-SMS HC
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS RECOMMENDING
THAT THE COURT DENY PETITIONER'S
REQUEST FOR A CERTIFICATE OF
APPEALABILITY

Respondent.
(Docs. 26, 27, 28, and 29)

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Petitioner Steve Fegan is a state prisoner serving a sentence of life without possibility of

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parole plus fourteen years following his December 13, 1995 conviction for violating California Penal

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Code §§ 187, 190.2, and 459 (murder with special circumstances and burglary). On February 12,

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2015, the Court dismissed Petitioner's successive petition for habeas corpus since Petitioner had

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failed to secure leave to file it from the U.S. Court of Appeals for the Ninth Circuit. Thereafter,

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Petitioner requested the Court's issuance of a certificate of appealability.

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The matter was referred to United States Magistrate Judge Sandra M. Snyder pursuant to 28

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U.S.C. § 636(b) and Local Rules 72-302 and 72-304. On March 4, 2015, the Magistrate Judge filed

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findings and recommendations recommending that the Court deny Petitioner's request.

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The Clerk of Court served the Petitioner with the findings and recommendations, which

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provided that he could object within fifteen (15) days. Petitioner filed a timely statement of

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objections on March 12, 2015, but provided no substantive support for his objections.

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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the Court has reviewed the

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case de novo. Having carefully reviewed the entire file and applicable law, the Court finds the

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findings and recommendations to be supported by the record and proper analysis.

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Accordingly, the Court hereby adopts the findings and recommendations filed March 4,
2015, and DENIES Petitioner's motion for a certificate of appealability.

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IT IS SO ORDERED.
Dated: March 18, 2015
SENIOR DISTRICT JUDGE

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