Sifuentes v. Wall

Filing 9

MEMORANDUM AND ORDER adopting 6 Report and Recommendations, and granting Respondent's 3 Motion to Dismiss. The Petition for Writ of Habeas Corpus (2254) is DISMISSED WITH PREJUDICE. -- The Court also finds that this case is not appropriate for the issuance of a certificate of appealability (COA).-- So Ordered by Judge Mary M. Lisi on 5/7/2014. (A copy of the attached Memorandum and Order was forwarded to Mr. Sifuentes via first-class mail on 5/7/2014.) (Duhamel, John)

UNITED STATES DISTRICT COURT
DISTRICT OF RHODE ISLAND
RUDY SIFUENTES
v.

CA 13-719 ML

A.T. WALL, et al.
MEMORANDUM AND ORDER
This matter is before the Court on Petitioner’s timely objections to a Report and
Recommendation issued by Magistrate Judge Almond on March 31, 2014 (Docket #6). The
Court has reviewed Petitioner’s objections and the Report and Recommendation. Finding no
merit in any of Petitioner’s objections, the Court adopts the Report and Recommendation in its
entirety.
The Motion to Dismiss is GRANTED and the Petition is hereby DISMISSED WITH
PREJUDICE.
ORDER ON CERTIFICATE OF APPEALABILITY
Pursuant to Rule 11(a) of the Rules Governing § 2254 Proceedings in the United States
District courts (§ 2254 Rules), this Court hereby finds that this case is not appropriate for the
issuance of a certificate of appealability because the Petitioner has failed to make a substantial
showing of the denial of a Constitutional right as to any claim, as required by 28 U.S.C. §
2253(c)(2).

SO ORDERED:

/s/ Mary M. Lisi
Mary M. Lisi
United States District Judge
May 7, 2014