Martin v. Beard et al

Filing 37

ORDER (1) 24 Adopting Report and Recommendation and (2) 14 Granting Motion to Dismiss. This Court has reviewed Petitioner's objections and again reviewed the R&R and again 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 9/22/2015.(All non-registered users served via U.S. Mail Service)(aef)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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LAWRENCE MAURICE MARTIN,

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vs.

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Petitioner,

JEFFREY BEARD,

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CASE NO. 14cv1694 DMS (RBB)
ORDER (1) ADOPTING REPORT
AND RECOMMENDATION AND
(2) GRANTING MOTION TO
DISMISS

Respondent.

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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. Neither party filed objections to the R&R, and on June 30, 2015, this Cort
21 issued an order adopting the R&R and granting the motion to dismiss.
On July 17, 2015, Petitioner filed a motion for a copy of the R&R. The Court
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23 granted that motion, and also gave Petitioner an opportunity to file objections to the
24 R&R. On August 24, 2015, Petitioner filed his objections. Respondent did not file a
25 reply.
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This Court has reviewed Petitioner’s objections and again reviewed the R&R and

27 again adopts the Magistrate Judge’s recommendation in full and GRANTS
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14cv1694

1 Respondent’s motion to dismiss. The Court finds no basis for a certificate of
2 appealability.
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IT IS SO ORDERED.

4 DATED: September 22, 2015
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HON. DANA M. SABRAW
United States District Judge

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14cv1694