Martin v. Knowles

Filing 35

ORDER signed by Judge Frank C. Damrell, Jr on 5/5/11: 22 Motion to Dismiss is GRANTED. Petitioner's application for a writ of habeas corpus is dismissed. The court declines to issue the certificate of appealability. This case is closed. (Kaminski, H)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RICHARD MARTIN,
Petitioner,

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vs.

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No. CIV-S-09-1915 FCD EFB (TEMP) P

MIKE KNOWLES,
Respondent.

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ORDER
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Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of

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habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United States

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Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local General Order No. 262.
On February 14, 2011, the magistrate judge assigned to this case filed findings

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and recommendations herein which were served on all parties. The time for filing objections to

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the findings and recommendations has passed. Neither party has filed objections.
The court has reviewed the file and finds the findings and recommendations to be

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supported by the record and by the magistrate judge’s analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Respondent’s motion to dismiss (#22) is granted;

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2. Petitioner's application for a writ of habeas corpus is dismissed;

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3. The court declines to issue the certificate of appealability referenced in 28

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U.S.C. § 2253;1 and

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3. This case is closed
DATED: May 5, 2011.

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_______________________________________
FRANK C. DAMRELL, JR.
UNITED STATES DISTRICT JUDGE

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A certificate of appealability may issue under 28 U.S.C. § 2253 “only if the
applicant has made a substantial showing of the denial of a constitutional right.” 28 U.S.C.
§ 2253(c)(2). For the reasons set forth in the magistrate judge’s February 14, 2011findings and
recommendations, petitioner has not made a substantial showing of the denial of a constitutional
right.
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