Lewis v. Cate

Filing 50

ORDER signed by Magistrate Judge Charlene H. Sorrentino on 5/13/2011 ORDERING 49 Petitioner's Motion for Certificate of Appealability is DENIED as UNNECESSARY. (Reader, L)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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PAUL LEWIS,
Petitioner,

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No. CIV S-09-CV-0517 LKK CHS P

vs.
MATTHEW CATE,
Respondent.

ORDER
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Petitioner, Paul Lewis, is a state prisoner proceeding pro se with a petition for writ

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of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner is currently serving a determinate

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sentence of sixteen years following his plea of nolo contendere in Sacramento County Superior

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Court to three counts of sexual penetration by force, two counts of oral copulation by force, six

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counts of rape by force, and six counts of sodomy by force. With his petition, Petitioner presented

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various claims challenging the constitutionality of his conviction.

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The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C.

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§ 636(b)(1)(B) and Local Rule 302. On January 11, 2011, the magistrate judge filed findings and

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recommendations herein which recommended that the petition be denied. The magistrate judge’s

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findings and recommendations were adopted by the assigned United States District Court Judge on

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April 18, 2011, making judgment final in this case. See 28 U.S.C. § 636(b)(1)(C). In addition,
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because Petitioner failed to make a substantial showing of the denial of a constitutional right with

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respect to any of the claims presented, a certificate of appealability was not issued by the district

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judge.

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Currently pending is Petitioner’s April 29, 2011 motion for a certificate of

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appealability. Petitioner is reminded that a certificate of appealability has already been denied by

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the District Court Judge.

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Accordingly, IT IS HEREBY ORDERED that Petitioner’s April 29, 2011 motion for

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a certificate of appealability is DENIED as unnecessary.

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DATED: May 13, 2011

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CHARLENE H. SORRENTINO
UNITED STATES MAGISTRATE JUDGE

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