Anderson v. Walker

Filing 54

ORDER signed by Judge John A. Mendez on 2/22/2012 ADOPTING 40 Findings and Recommendations in full; DENYING 10 Petition for Writ of Habeas Corpus; DECLINING to issue a Certificate of Appealability. CASE CLOSED. (Michel, G)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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FREDRICK ANDERSON,

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Petitioner,
vs.
JAMES WALKER, Warden,
Respondent.

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No. CIV S-10-1649 JAM CHS

ORDER
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Anderson, a state prisoner, proceeds through counsel with a petition for a writ of

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habeas corpus filed 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 Rule 302.

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On November 8, 2011, the magistrate judge filed findings and recommendations

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herein which were served on all parties and which contained notice to all parties that any

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objections to the findings and recommendations were to be filed within twenty-one days. On

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January 17, 2012, Anderson’s counsel filed objections to the findings and recommendations.

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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 72-

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304, this court has conducted a de novo review of this case. Having carefully reviewed the entire

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file, the court finds the findings and recommendations to be supported by the record and the

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applicable law.
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Anderson has failed to make a substantial showing of the denial of a constitutional

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right for which relief is available. Accordingly, a certificate of appealability shall not issue. See

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28 U.S.C. § 2253(c); Hayward v. Marshall, 603 F.3d 546, 554 (9th Cir. 2010) (en banc).

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For the foregoing reasons, IT IS HEREBY ORDERED THAT:

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1. The findings and recommendations filed November 8, 2011, are adopted in
full;

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2. The petition for writ of habeas corpus is denied; and

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3. A certificate of appealability shall not issue.

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DATED: February 22, 2012
/s/ John A. Mendez
UNITED STATES DISTRICT COURT JUDGE

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