Martin v. Beard et al

Filing 27

ORDER (1) Adopting 24 Report and Recommendation and (2) Granting 14 Motion to Dismiss. This Court, having reviewed de novo the Magistrate Judge's R&R adopts the Magistrate Judge's recommendation in full and GRANTS Respondent's motion to dismiss. The Court finds no basis for a certificate of appealability. Signed by Judge Dana M. Sabraw on 6/30/2015.(All non-registered users served via U.S. Mail Service)(aef)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 LAWRENCE MAURICE MARTIN, 11 12 13 CASE NO. 14cv1694 DMS (RBB) Petitioner, vs. JEFFREY BEARD, 14 ORDER (1) ADOPTING REPORT AND RECOMMENDATION AND (2) GRANTING MOTION TO DISMISS Respondent. 15 16 On July 17, 2014, Petitioner Lawrence Maurice Martin, a state prisoner 17 proceeding pro se, filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 18 2254. On May 14, 2015, Magistrate Judge Ruben B. Brooks issued a Report and 19 Recommendation (“R&R”) recommending that the Court grant Respondent’s motion 20 to dismiss. There are no objections to the R&R. 21 This Court, having reviewed de novo the Magistrate Judge’s R&R adopts the 22 Magistrate Judge’s recommendation in full and GRANTS Respondent’s motion to 23 dismiss. The Court finds no basis for a certificate of appealability. 24 IT IS SO ORDERED. 25 DATED: June 30, 2015 26 27 HON. DANA M. SABRAW United States District Judge 28 -1- 14cv1694

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