Stutzman v. Frauenheim

Filing 32

ORDER (1) Adopting 29 Magistrate Judge's Report and Recommendation and (1) Denying 1 Petition. This Court, having reviewed de novo the Magistrate Judge's R&R and the objections thereto, adopts the Magistrate Judge's recommendation in full and DENIES the petition for a writ of habeas corpus. The Court finds no basis for a certificate of appealability. The Clerk of Court shall enter judgment accordingly, and terminate this case. Signed by Judge Dana M. Sabraw on 12/12/2016.(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 JEREMY RYAN STUTZMAN, 11 12 13 14 15 CASE NO. 15cv1756 DMS (NLS) Petitioner, v. S. FRAUNHEIM, ORDER (1) ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION AND (2) DENYING PETITION Respondent. On August 6, 2015, Petitioner Jeremy Ryan Stutzman (“Petitioner”), a state 16 prisoner proceeding pro se, filed a petition for a writ of habeas corpus pursuant to 28 17 U.S.C. § 2254. On September 21, 2016, Magistrate Judge Nita L. Stormes issued a 18 Report and Recommendation (“R&R”) recommending that the Court deny the petition. 19 Petitioner filed objections to the R&R. Respondent did not file a reply. 20 This Court, having reviewed de novo the Magistrate Judge’s R&R and the 21 objections thereto, adopts the Magistrate Judge’s recommendation in full and DENIES 22 the petition for a writ of habeas corpus. The Court finds no basis for a certificate of 23 appealability. The Clerk of Court shall enter judgment accordingly, and terminate this 24 case. 25 IT IS SO ORDERED. 26 DATED: December 12, 2016 27 28 HON. DANA M. SABRAW United States District Judge -1- 15cv1756

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